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Cornell  University 
Library 


The  original  of  this  book  is  in 
the  Cornell  University  Library. 

There  are  no  known  copyright  restrictions  in 
the  United  States  on  the  use  of  the  text. 


http://www.archive.org/details/cu31924028882581 


HISTORY  OF 


SANTA  CLARA 
COUNTY 


CALIFORNIA 


WITH 


Biographical  Sketches 


OF 


The  Leading  Men  and  Women  of  the  County  Who  Have 

Been  Identified  iVith  Its  Growth  and 

Development  From  the  Early 

Days  to  the  Present 


HISTORY  BY 

EUGENE  T.  SAWYER 

ILLUSTRATED 
COMPLETE    IN    ONE    VOLUME 

HISTORIC  RECORD  COMPANY 

LOS   ANGELES,   CALIFORNIA 
1922 


CONTENTS 

CHAPTER  I— PAGE  33 
Unrivaled  Climate  and  Situation — Origin  of  Name — Earl}'  Inhabitants — Story  of  the  Early 
Da}'s — Founding  of  the  Missions — Father  Junipero  Serra — Father  Pena — Founding  of  San 
Jose — Father  iMaguire  de  Catala  Plants  Trees  on  Alameda — Mission  of  Santa  Clara — Secu- 
larization of  Missions — Life  on  the  Early  Ranches — The  Rodeo — The  Matanza — Early 
Go\ernment — Some  Grotesque  Religious  Ceremonies — Bull  and  Bear  Fights — First  Ameri- 
can  Settlers — The  Donner  Party. 

CHAPTER  H~PAGE  46 
Santa  Clara  County  During  the  Alexican  Rule — The  Adventures  of  Captain  Fremont — Don 
^lariano  Guadalupe  Vallejo — Raising  the  Bear  Flag — Proclamation  of  General  Jose  Castro. 
War  with  Mexico  Declared — Proclamation  of  Commodore  Sloat — Capt.  Charles  M.  Weber. 
Juzgado  Transformed  into  Barracks — liattle  of  Santa  Clara — Captain  Thomas  Fallon 
Raises  First  American  Flag — Gold  is  Discovered — Reminiscences  of  the  Days  of  '49 — Kill- 
ing of  Young  Pyle — Local  Government — Early  Merchants  and  Buildings  of  San  Jose — 
Grandma  Bascom's  Story. 

CHAPTER  HI— PAGE  61 
^Military  Rule — Constitutional  C(;)nvention — v^an  Jose  as  Capital  of  the  State — First  Legisla- 
ture Convenes — Removal  of  Capital — First  Jul}-  4th  Celeljration — Boundaries  of  Santa 
Clara  County — County  Government — Court  of  Sessions — Land  Grants  and  Suertes — San 
Jose  Land  Company — Settlers'  Leagues  Defend  Titles — A  Trumped-Up  Robbery  of  Pub- 
lic  Treasur}' — List  ui   Spanish   and   Mexican  Land  Grants. 

CHAPTER  IV— PAGE  71 

Courts  of  First  Instance — The  Early  Bar  of  San  Jose — Alcalde  Burton's  Common  Sense — Mule 
.Vppears  as  Witness — District,  County  and  Justice  Courts  Supjersede  Courts  of  Alcalde  and 
First  Instance — Judge  Watson's  Informal  Handling  of  Cases — Eccentricities  of  Judge 
Redman — The  Lord  of  Hardscrabble — The  First  Court  Flouse — Judge  Almond's  Demi- 
john— Strange  Career  of  Rufus  A.  Lock\\'(_iod — Freeman  McKinney — The  Irrepressible 
J.  Alexander  Yoell — Judge  Buckner's  (Juaint  \A'ays  of  Dispensing  Justice — High  Stand- 
ing of  Judge  Hester — A\'.  Frank  Stewart — Change  in  Court  Sj'stem — Tribute  to  Judge 
Belden. 

CHAPTER  V— PAGE  85 

Topograph)-  and  Geolog}- — The  New  Almaden  ^Mines — Crime  m  the  Early  Days — Outlaws 
Terrorize  the  County — Exciting  Career  of  Francisco  Sott) — Augustin  C.  Hall  Mur- 
dered— Santiago  Berryessa  Kills  Pedro  Aravena — Francisco  Berryessa  Stabbed — Mur- 
der of  Joseph  Pellegrini — Juan  Jose  Rodriguez  Killed — Mary  Hallock  Foote's  Mining- 
Camp  Stories — Guadalupe  Quicksilver  Mine — Enrequita  Mine — Mineral  Springs  of  the 
County — The  (Jil   Development. 

CHAPTER  VI— PAGE  92 
Societv  Events  in  the  Fifties,  Sixties  and  Seventies — Reminiscences   of   Pioneer   AVomen — Mrs. 
Marv   A.    Carroll's   Interesting   Record — Mrs.    Frances    .\.    Sunol-Angus   Writes    of    Early 

Societ\- Joseph   H.  Scull  Tells  of  Festi\-ities — Entertaining  Account  of  San  Jose  Society 

by  Mrs.  S.  O.  Houghton — Recollections  of  Dr.  Chamldin — Charles  G.  Ames  Bests  Judge 
William  T.  AA'allace  in  Oratorical  Combat — Opening    of    Hotel    Vendome — Distinguished 

Visitors. 

CHAPTER  VII— PAGE  101 
Passinf^  of  Old   Landmarks  of  San  Jose— Fair  Grounds — Live   (Jak    Park   and    Prevost's    Gar- 
dens  Old  Court  House — Duel  Between  Thomas  Shore  and  S.  J.  Crosby — Killing  of  Jailer 

Martin  Roohan — John  Marr  Escapes  From  Jail  After  Killing  Peter  Veuve — Jailer  Hen- 
dricks Killed  When  Indians  Break  Jail — Killing  of  William  Cooper — Harry  Lo\-e 
i^lgjn Old     Residential    Landmark.s — Naglee,  Hensley  and  Josiah  Belden  Homes. 


CONTENTS 

CHAPTER  VIII— PAGE  108 
Newspapers  in  the  Early  Days — San  Jose  Weekly  Visitor — Daily  Mercury — J.  J.  Owen  a 
Striking  Figure — His  Encounter  With  Montgomery  Maze — Charles  M.  Shortridge — The 
Daily  Times— The  Tribune— The  Herald— E.  A.  and  J.  O.  Hayes— W.  Frank  Stewart 
and  the  Daily  Reporter — Mark  Twain — The  Courier — W.  A.  January  and  the  Santa 
Clara  Argus — Histor}'  of  Henry  C.  Hansbrough — Chester  H.  Hull — Daily  Garden  City 
Times  Started  by  Edwin  Markham,  S.  H.  Herring,  Ferryman  Page  and  E.  T. 
Sawyer — A.  P.  Murgotten  and  The  Pioneer — Daily  Morning  Times — H.  A.  De  Lacy 
Establishes  City  Item,  Now  the  E\  ening  Times — Charles  W.  Williams — The  Santa  Clara 
\'alle}'  Started  In'  r^Iajor  Foote — His  Exciting  Experience  with  a  Delegation  of  Cornish- 
men — John  T.  Wallace  and  E.  T.  Sawyer  Start  the  Scooper — W.  W.  Elliott,  Editor  of  the 
Santa  Clara  Index — His  Experience  as  a  Court  Reporter — Allen  P.  Kelly,  Editor  of  the 
San  Jose  Herald,  Captures  Grizzl)-   Bear — Other  Newspapers. 

CHAPTER  IX— PAGE  118 

Early  Days  of  Drama  in  San  Jose — James  Stark  Establishes  First  Theater — Samuel  W.  Piercy 
Makes  His  First  Appearance  There — Name  Changed  to  San  Jose  Theater — Gustav  Bro- 
haska  Converts  Armor}^  Hall  Into  San  Jose  Opera  House — Eleanor  Calhoun,  Now  Princess 
Lazarovich,  Makes  First  Appearance  on  vStage  in  E.  T.  Saw3fer's  Loyal  Hearts  with  John 
T.  Malone  and  H.  A.  De  Lac) — California  Theater  Had  Many  Notable  Stars — Audito- 
rium, Later  the  Garden  Cit)-  Theater — Victory  Theater — The  Hippodrome — T.  &  D.  The- 
ater— Lyric  Theater — Jose  Theater — Liberty  Theater — First  Amateur  Dramatic  Com- 
pany— John  W.  Dunne — Frank  Bacon — John  T.  Malone — Charles  W.  Williams — John  T. 
Raymond,  California's  Star  Comedian — Some  of  the  Old-Time  Minstrels — Charley 
Rhoades. 

CHAPTER  X— PAGE   126 

Distinguished  Visitors  to  San  Jose  and  the  Santa  Clara  Valle>'' — Political  Orators — George 
Francis  Train — Henry  George  Unmasks  a  M3'Sterious  Spook — Bret  Hart — Mark  Twain — 
President  Harrison's  Visit — General  Grant  Receives  Ovation — Lecturers  from  the  East 
and  from  Over  the  Sea — General  Fremont  Is  Guest  of  Santa  Clara  County  Pioneers — Ned 
Buntline's  Adventurous  Career. 

CHAPTER  XI— PAGE  132 
Santa     Clara     Count_y     During     the     Civil     War — San     Jose     Volunteers — Many     Companies 
Formed — Band     of     Confederate     Sympathizers     Rob     Stages     to     Obtain     Money     for 
Cause — Ingraham    Gang — Methodist    Church     Burned — Dick     Baker     Gang — Excitement 
Over  Death  of  Lincoln. 

CHAPTER  XII— PAGE  135 
The  Fruit  Industry  of  County — Largest  Prune  Producing  Section  in  State — History  of  the 
Development  —  Introduction  of  French  Prune  —  Early  Orchardists  —  The  First  Can- 
nery— Lyman  Burrell  Has  First  Mountain  Orchard — Dr.  J.  M.  Dawson  Pioneer  Fruit 
Canner  and  Packer — Other  Packing  Companies — Strawberry  Section — Annual  Orchard 
Production — Vineyards  and  Olive  Orchards — Seed  Growing  Carried  on  Extensively — 
Citrus  Fruits — Farm  Loan  Association — Vegetable,  Poultry  Raising  and  Dairying,  Impor- 
tant Industries — Artesian  Wells  vSupply  Water  for  Irrigation — Growers'  Organiza- 
tions— Santa  Clara  County  Statistics. 

CHAPTER  XIII— PAGE  145 
County  Government  and  Good  Roads — Transportation  of  Passengers   in   Early   Days — Water 
Transportation — History    of    Various    Important    Road    and    Railway    Enterprises — First 
Railroad    Completed — Western    Pacific — Narrow  Gauge  Railroad. 

CHAPTER  XIV— PAGE  152 
Public  Buildings  of  the  County — Man)'  Locations  of  the  County  Court  House — Changes  Made 
by  the  Legislature — Present  Court  House  a  Splendid  Building — Futile  Attempt  to  Regain 
•State     Capital — New    County    Jail — Hall    of     Records — Hall     of     Justice — County     Hos- 
pital— County  Poor  Farm. 


CONTENTS 

CHAPTER  XV— PAGE  156 
The   Resources  and   Attractions  of  San  Jose,  the    Garden    City    of    California— Soil.    Climate, 
Production   and  (  )]iportunity— What  a   Man  from  the  luast  Learned  fr.nn  an  Old  ]<esident. 

CHAPTER  XVf— PAGE  162 
Sati  Jose  Incorporated  as  City— (  )r,L;-anizati..n  of  Political  Parties— Eirst  Gas  Li,t,dits— Water 
Pipes  Eaid  —  Tlnrse  Railway  on  Alameda  —  Se\ere  l{arth(|nake  in  1868  ^  Disastrous 
Moods — Story  of  Tihurcio  \'asquez.  Noted  I'.andit — Street  I'iailroad— John  C.  Arnold 
Figures  in  Remarkable  Case  of  Mistaken  ]  dentity— Dick  Fellows,  Lone  Plighwayman, 
Escapes  from  Constable- Brutal  Murder  at  f.os  Gatos— W^  P.  Renowden  Tortured  and 
Killed— Lloyd  L.  Majors  Huno-  for  Ilis  Murder— Bond  Issue  of  1886— New  City  Charter 
Defeated— The  Dixon-Allen  Trial— Electric  Tower  ICrectefl- Chinatown  Destroyed  by 
Fire — Mexican  Hanged  by  Mob — Charles  Goslaw  Meets  Death  on  Scaffold — Disastrous 
Fire  of  1892— Henry  Planz  Murdered— Sextujde  Murder- New  Charter  Adopted— Earth- 
quake of   1S^06 — Commission   Form  of  Government  Adopted — Ma}-i"irs  of  San  Jose. 

CHAPTER  XVH— PAGE  175 

San  Jose  and  Santa  Clara  Activities  During  the  AVorl'd  War— Lilicrty  Loan,  Red  Cross,  Y.  M. 

C.   A.,   Belgian   Relief  and   Other  Drives — The  Men  and  Women  Who  Did  the  Work. 

CHAPTER  XVIII— PAGE  194 
History  of  the  Lick  (Jbservator}-  on  the  Summit   of    Alount    Hamilton — The    Eccentricities    of 
James   Lick,   the    Philanthropist — Erection  of  the  Lick  Mill — The  Liek  Hotel  at  San  Fran- 
cisco— What  He  Did  for  San  Jose. 

CPIAPTER  XIX— PAGE  202 
The     Story    of    Alum     Rock     Park.   San     Jose's     Beautiful     Reservation     of     One     Thciusand 
Acres — Judge    Richards'   Description   of   Its  Iicauties  and  Attractions — The  Claim  of  J.  O. 
Stratton. 

CHAPTER  XX— PAGE  206 
The  -Attractions  of  the  Big  Basin,  or  California   Redwood   Park — How   It  Was   Preser\'ed  by 
the  Efforts  of  a  San  Josean — The  Sem])ervirens    Clul) — The    Annual    Forest    Play    in    a 
Natural  Setting. 

CHAPTER  XXI— PAGE  210 

The  Public  and  Pri^•ate  Schools  of  San  Jose — The    Growth   of   the  High    School   Constructed 

on  LTniversity   Plan — The   State  Teachers'  Ctdlege — College    of  Notre    Dame — College    of 
the  Pacific — Other  Institutions. 

CHAPTER  XXII— PAGE  221 
The  Public  LTilities  of  San  Jose — The  Early  Ser\'ice  of  the  Gas  and  Electric  Companies — The 
San  Jose  Waaler  Company  and  Its  Sure  and  Stead)--  Pro.gress — The  Street  Railways  in  and 
out  of  the  City — The  Post  Office  and  Postmasters. 

CHAPTER  XXIII— PAGE  227 
San  Jose  Woman's  Club — Count}-  Alliance — New-man  Llall  and  Club — Sainte  Claire  Club — 
Columbia  Circle,  C.  L.  S.  C. — Lecticonian  Society — The  Countr}-  Club — The  Pioneers' 
Society — American  Legion — Law  Library  and  Bar  Association — Housewives'  League — 
Daughters  of  the  American  Re\-olution — Musical  Clubs  and  Record — Y.  W.  C.  -\. — Club 
La  France — Boy   Scouts — Loyal   Italo-American  Club. 

CHAPTER  XXIV— PAGE  239 
San  Jose  Board  of  Trade — San  Jose  Chamber  of    Commerce — Merchants    Association — Rotar}- 
and     Lions     Clubs — Civic     W'elfare     Club — The    100    Per    Cent    Chili — Labor    Organiza- 
tions— Commercial    Club — Pen    Women    Branch — The    Plot^vrights — The    W^estern    Aero 
Club. 


CONTENTS 

CHAPTER  XXV— PAGE  245 
Associated  Chanties — Good  Clieer  Club — Home  of  Benevolence — The  Odd  Fellows  Home — 
The  Pratt  Home — Notre  Dame  Institiite — The  Salvation  Army  and  Volunteers  of  Amer- 
ica— The  Story  of  Old  Bob  Bennett — Juvenile  Court  and  Probation  Office — The  CoiTee 
Club  —  The  Woman's  Exchange  —  Humane  Societies  —  Y.  M.  C.  A,  —  Boys'  Outing 
Earm — Red  Cross  Societ}' — W.  C.  T.  U. — Community  Shop — Eraternal  Orders. 

CHAPTER  XXVI— PAGE  255 
The   Sanitariums  and   Plospitals  of   San    Jose — The    Splendid   Appointments    of   the    O'Connor 
Buildings — Columbia    Hospital — Santa    Clara  Medical  Society — Dr.  Ben  Cory. 

CHAPTER  XXVII— PAGE  258 
The  History  of  San  Jose  Eire  Department — Primiti\"e  Appurtenances  of  the  Early  Days — Vol- 
unteer   E)epartment   for   Twentv-Six   Years — 'idie  Police  Department's  Growth  and  Work. 

CHAPTER  XXVIII— PAGE  262 
The  Early  Churches  of  San  Jose  and  Their  Vicissitudes — History  of  the  San  Jose  Library — Its 
Growth  from  Small  Beginnings — The  Countv  Eree  Library — The  Carnegie  Library. 

CHAPTER  XXIX— PAGE  266 
The  Santa  Clara  Histrirical  Society  and  Its  Oliiects — Spanish  Names  for  Natural  Objects — The 
Interesting  Career  of  Judge  Augustus  (J.  Rhodes,  a  Nonogenarian, 

CHAPTER  XXX— PAGE  270 
The  Banks  and  Industries  of  San  Jose — Bank  rif  Itah" — A  Daring  Roliberv — Garden  City  Bank 
and  Trust  Company — v^ecurity  State  and  Savings  Bank — Eirst  National  Bank — Growers 
Bank — San  Jose  Eoundry — Bean  Spray  Company'  —  Anderson-Barngrover  Company  — 
Smith  Manufacturing  Company — Sperry  Flour  Company — Globe  Mills — American  Can 
Company — Security  AVarehouse  and  Cold  Storage  Company — Garden  City  Manufactory — 
Tile  Company — Spray  Manufacturing  Compan}' — Artificial  Leather  Company — Wholesale 
Grocers — The  Oliver  Compan)' — National  Axle  Corporation — I^low  Factories — Farmers 
Union — Granite  and  Marble  Works. 

CI-IAPTER  XXXI— PAGE  277 
The  Romantic  Histor}-  of  the  Town  of  v^anta  Clara — Home  of  One  of  the  Early  Missions — The 
Story  of  Santa  Clara  University — Planting  of  the   ^Mission   Cross — Marcello,    the   Last   of 
the  Mission  Indians. 

CHAPTER  XXXII— PAGE  284 
Palo  Alto  and  Leland  Stanford,  Jr.,  Uni^•ersity — The  Rapid  Growth  of  One  of  the  Progressive 
To^^ms  of  Santa  Clara  County — The  Location  and  Uses  of  a  Great  Educational  Institution. 

CFIAPTER  XXXIII— PAGE  289 
Los  Gatos,  the  Gem  Cit}-  of  the  Foothills  and  Its  En\-irons — The  Gate^vay  of  the  Valley — Gil- 
rov,  the  Thriving  Little  City  at  the  Southern  End  of  the  County. 

CHAPTER  XXXIV— PAGE  294 
C)ther  Growing  Towns  of  Santa  Clara  Count)- — Sunn}'vale — Change  from  Grain  Field  to 
Thriving  Community — Campbell — Cupertino — Alviso — Milpitas — x-\gnew — Saratoga — Los 
Altos — Evergreen — Mountain  View — Mayfield — Morgan  Hill — Tragic  Encounter  with  a 
California  Lion — Berryessa — Alma — Wrights  Station — Ambrose  Bierce's  Life — Patchen — 
Mountain   Charley's   Adventures — Small   Towns  and  Villages. 

CHAPTER  XXXV— PAGE  306 
Miscellaneous  Items  of  Interest — Observations  of  a  Weather  Expert — Judge  Belden  and  Mayor 
Pfister — An  Auto  Cam]) — Result  of  Presidential  Elections  in  the  County. 

CHAPTER  XXXVI— PAGE  308 
Federation  of  American  Farmers — Last  Relic  of  Santa   Clara   Mission — Census   Figures — Dec- 
orations  Received   by   Santa   Clara   Boys   in  World  War. 


Abel,  Oour.i^c  F, 1102  . 

Abel,  Otto 1396 

Abernathy.  Frank 1080 

Abernath}',  Win.  Walson  928 

Abreo,  Joseph  A 1650 

Adams,  John  Hicks 1055 

Adams,  William  H 1056 

Albertson,  L.  H 595 

Alderton,  Henry  A.,  M.D.  765 

Alison,   Ralston 1061 

Allegrini,   Igino 1296 

Allemao,  Manuel  J 1264 

Allen,  Charles  S.  .". 1649 

Allen,  John    H 1250 

Allen,  W.  A 1493 

Allen,  William  Benjamin.  1348 

Alexander,  George  W .  .  .  582 

Alexander,  AVilliam  G.  .  .  316 

Alvernaz,  Frank  P 1444 

Alves,  Antone 1469 

Anderson,  A 1577 

Anderson,  Hon.  Alden.  .  .  796 

Anderson,  A.  Ray 546 

Anderson,  George  C 664 

i^nderson,  George  H 1150 

Anderson,  John    1510 

Anderson,  John  Zuinglius  783 

Anderson,   Steve    1159 

Anderson,  Theodore  O.  .  .  866 

Anderson,  Tom  D 1113 

Anderson,  William  W.  .  .  1183 

Andrada,  Manuel 1317 

Anello,  Frank 1384 

Angelo,  Jose   C 1114 

Anzini,  Ben 1204 

Arana,  Melvin  Joseph...  1303 

Arguello,  Julio 1599 

Armanasco,  James    1432 

Arnberg,   Fred  J 1610 

Arnerich,  Frank  N 1311 

Arnerich,  Paul  J 608 

Arnold,  Arthur  E 972 

Artana,  Henry  C 1649 

Athenour,  A.,  &  Bros 1225 

Atkinson,   Richard 940 

Austin,  William  E 1114 

Averill,  Arthur  Earl 1261 

Averill,   Volney 861 

Ayer,  Henry  M 918 

Ayer,  Samuel  Freeman..  867 

Azevedo,  Andre 1586 

Azevedo,  Joseph  C 1391 


INDEX 

'Vzevedo,  J.  E 1456 

Azevedo,  Manuel  T 1578 

Azzarello,   Vincent 1337 

Babb,  James  T 603 

Bachrodt,  Walter  E 519 

Baeigalupi,  Arthur  P.  .  .  .  1209 

l!acon,  Albert  Sylvester.  1072 

Bailey,  Elton  R.' 892 

Baiocchi,  Adolph  J.,  M.D.  1257 

Baiocchi,  ^Mmanda 1664 

Baker,  Herbert  C 1209 

J5aker,  James  T 1209 

];'>aker,  Lewis   E 1211 

Baker,  Mrs.   Margaret  E.  680 

Baker,  Orlando  E 457 

Baker,  Simeon   823 

Baker,  T.  E 680 

Balcomb,  Jean  B 1554 

Balistreri,   Frank   Oliver.  1621 

Ball,  Harry  Ulysses 1595 

Ball,  Martin  Charles 1371 

Ballon,  John  O.  A 772 

Balsbaugh,  Ephriam  ....  1002 

Barbaccia  Bros 1660 

Barber,   Lawrence   E....  883 

Bariteau,  Eli 1549 

Barkalow,  Benjamin  F.  .  .  1528 

Barker,  Frank  P 1413 

Barker,   Samuel  A 1413 

ILirnard,  E.  E 1553 

Barnes,   Harry 1083 

Barnes,  MaryV 1340 

Barnett,  Thomas  Clemens  1651 

Barns,  Charles  Edward..  1111 

Barnum,  John  S 1532 

Baron,  August  William.  .  1553 

Barr,  C.  Marian,  A.  M.  .  .  939 

Barry,  Mrs.  Catherine  E.  446 

Barry,  Mrs.  Mayme  E.  .  .  786 

Bates,  Francis  C 1012 

Bates,  Luther  A 1651 

Bartlett,  AVilliam  C 1494 

Battee,  John  M 530 

Banman,   John 1361 

Baumgartner  Bros 1243 

Bazata,  Rev.  Benjamin  V  1290 

Beall,  Lucian  M 1591 

Bean,    James   E 788 

Bean,   John -.  1460 

Beane,  Georgia  M 346 

Beans,  Thomas  Ellard.  .  .  1362 

Beans,  William  Knox.  .  .  762 


lieattie,  J.  Irving,  M.D.  .     495 

Bcatty,  Charles  L 1629 

Beatty,  John  F 1392 

Beck,  Thomas  B 1316 

Bcedle,  Charles    1354 

Bellew,  Joseph  M 718 

Bemis,  Vernon   L 1425 

Benjamin  M.  A 1285 

Benner,   Stillman  H 1093 

Bennett,  Ralph  R 907 

Benoit,   Eugene   1 1631 

Benoit,  Louis  P 582 

Benson,  Oscar   1603 

Bentley,  Robert  I.,  Jr.  ..  .      901 

Bernal,    Bruno    508 

Bernal,  Pedro  A 376 

Bernal,  Ygnacio 408 

Bernthal,\Valter  G 1572 

Berry,    C.    E 1192 

Berry,  Charles 1351 

Berryessa,  Alex 1379 

Berryessa,  Jose  J 1094 

Berryman.    Fred 1680 

Bjertelli,  Angelo   1591 

Bertelsen,  Bertel 1592 

Beverson,  Charles  D....     630 

Biaggi,  Alfred  F 1628 

Biaggi,  Fred   1628 

Biag.gi,  William  R 1666 

BiU'willer,  Ernest  O 1526 

Bisceglia,  Pasquale   1568 

Blabon,   Joseph  W.  D...      596 

Blabon,  Otis   1110 

Blabon,  W'm.  Caspar.  .  .  .      338 
Black,    John   Newton....    1514 

Blackford,  LilHe 424 

Bladh,  Carl   1673 

Blanch,  John  W 730 

Blanch,  Robert 446 

Blanchard,   Hiram  A 1202 

Blanchard,  Thos.  L.,  M.D.   1088 
Bland,  Henry  M.,  Ph.D.  .     479 

Bland,  Wallace  E 1518 

Blaner,  William  J 1340 

Blaurock,  James   Edwin.    1133 

Blois,  J.  Byron 986 

Bl5unt,  Alvin  M 508 

Bodley,   Thomas 458 

Bogart,  Arthur  W 1266 

Bogart,   Sewall   B 1317 

Bohnett,  Floyd  O 1403 

Bohnett,  Joseph   848 


INDEX 

Bohnett,   Lewis   Dan.  .  .  .  1670  Ikirket,  Mrs.  Julia  E.  .  .  .  1249   Casley,  James 663 

Boisseranc,  August 1270  Burkett,  A.  Kieffer 1134   Cassady,  Sydney 1612 

Bolfing,  C.  T 1652   Burkett,  George  P 825   Cassin,  Charles  M 1229 

Bonar,   Edgar   P 1329   Burnett,  David  M 342   Castello,   Tohn 1437 

Bone,  Joseph  H 995   Burns,  T.  S 1626   Castilleja'Sehool 762 

Bonetti,   Henry    1278  Burrell,   Frederick   C.  .  .  .     472   Castillou,  James 1459 

Bonnet,  Adrien    1188   Burright,  Charles  L 1630   Castle,  Arthur  F 661 

Bonnet,   Gaston 1691    Burrows,  Thomas  T 1195    Castle,  Mrs.  California  .  .  479 

Bonnet,  Louis  Joseph...  1550  Burton,  Henrv  Heber...  1033   Castle,  I.  N 479 

Booker,  George  E 1269   Butcher,  Rolla   944   Castro,    Crisanto 1380 

Booth,  Miss  Etta  E 1289   Butcher,   Rolla,   Sr 943   CasAvell,  Frank  V 1202 

Bordenave,  Nicholas 1469   Button,  Dr.  W.  H 1491    Catania,  Flenry 1391 

Bordi,    Baptiste    1470   Byrne,  Garrett  J 490  Cauhape,  Victor 1315 

Boulware,  Milton  A 341  Calanchini,  Ermcnegildo.  1670  Cavala,  Paul  L 1372 

Bourguignon,  Frank  E.  .  1006  Calcagno,  Simone 1550  Cavallaro,  Clifton  D 1527 

Boussy,   Ferdinand    1688  Caldwell,  Charles  Henry.  1655   Cavallaro,   John 851 

Bowen,  Fred 888  Calel:),  Miles  :Monroe 665   Challen,  Victor 1234 

Boyd,  James,  D.  V.  S 644  Calkins,  Geo.  W 1347   Chambers,  J.   W 1666 

BradfoVd,  Alden  E 1196  Call,  George  B 975   Chapin,  Frank  E 1039 

Bradford,  Mrs.  Allis                        Callahan,  Thomas   J 1626   Chargin,  Joseph  A 1595 

Kimball  Ballon    972  Cambiano,   Paul  D". 1518   Chase,  Elmer  E 844 

Brandenburg,  Harr}-  E..  1257  Cameron,  Dr.  David  Paul     817    Chase,  Foster  Wooden..  1118 

Brandt,  Charles   ..." 1066  Camp,  John  M 1459   Chase,  Elmer  E.,  Jr 1518 

Braslan,  Charles  P 607  Camp,  Wilbur  Lee 629   Chrisman,  Walter  L 463 

Brattan,  Mrs.  Catherine  F  516  Campliell,  Alexander  D .  .      678  Chrisman,  William  Henry  475 

Bray,  Mrs.  Clara  C 880  Campbell,  Andrew  J 1113   Christian,  Charles  W.  .  .'.  603 

Brazil,  Manuel  S 1408  Campbell.  Carl 1007  Churchill,  C.  C 1692 

Breitwieser,   John    T 1564  Campbell,  David  William  1137   Churnside,  Thomas 1576 

Bressani,  Richard  V 1448  Cam])bell,   George 1414  Chynoweth,  Mrs.  Mary  H.  334 

Breton,   J.  Walter 1200  Campbell,    James  Henrv.      795   Cil'ker,  William  Hamilton  1466 

Bridgman,  Roy  W 550  Camps,  Frank  L .  1577   Clark,  C.  Fl 1492 

Brimson,  Joseph  Marion.  1604  Cantua,   Joseph   M 560  Clark,   Charles 507 

Brinkman,  Fred  H 1243   Cantua,   Lenora 560   Clark,   George  Thomas.  .  788 

Britschgi,  Jack  E 1651   Cappa,  Joseph 1669   Clark,  John  A„  M.  D.  .  .  .  1431 

Britton.  Arthur  T 1052   Cardoza,  John  F 1431    Clark,  "fonas,  M.  D 935 

Britton,  Lewis  H 1317   Cardoza,  Tom 976   Clayton,  James  A 803 

Britton,   Robert    1318  Careaga,  Mrs.  Maria  A.  .      484  Clayton,  Willis   S 807 

Broedel,  Michael 624  Carlo,  John  R 873   Clearwaters,  Reuben  D.  .  651 

Brokenshire,  John  R 1388  Carlson,  C.  A ':::T/    Clements,  W'.  T 1191 

Bronk,  Manuel 1434  Carlson,  Charles  0 1550   Clouser,  Harry  E 1378 

Bronner,   Clarence   F....  1612   Carlyle,  James  S 1199   Coates,   Washington   B..  1015 

Brooks,   Joseph  T 857  Carmelite  Monastery....  1429   Cochrane,  Mrs.  Aphelia  F  756 

Brosius,  A.  F 1233   Carmichael,  Daniel 831   Cody,  L.  R 658 

Broughton,   Lem    1629   Carmichael,  Neil 827   Coe,'  Henry  W 396 

Brown,  Albert  S 1337  Carmichael,  Mrs.  Wm.  H.  1008   Coe,  Henry  Willard 395 

Brown,   E.   N 436  Carpenter,  Dr.   H.  F 578   Coelho,  Alexander  Rose  .  694 

Brown,  Judge  Frederick                Carper,  Samuel  H 1281    Collins,    Rev.    Richard...  1527 

Benjamin 688   Carrev,  Albert  J 933   Colombet,  Emily  J 1108 

Brown,  George  M 333   Carroll,  Thomas  A 453   Colt,  William  F 1522 

Brown,   James    1617   Carson,  James  S '^'KJ  Compton,   Al 1648 

Brown,  Sewall  S 1465  Casalegno,    Thomas    and              Conant,   Ernest  AV 847 

Browne,  Harry  E 1627        Henriette  Pellier 471    Conrotto,  Anselmo 1627 

Brownell,  Prof.   Elmer  E.    767  Casaletto,   Laurence   G. .  .  1211    Cook,  Marion  Virgil  ...  .  1680 

Bryant,  Col.  D.  FI 442  Casaucau,  Michel 1429   Cooley,  Charles  P 964 

Buckley,  George  Stephen  1282  Casaurang,  Peter  and  Jean  1157   Coombs,  Frank  W 737 

Burdick,  Charles  L 1025   Casey,  Jeremiah  D 472  Cooper,  Astley  D.  M 676 

Burdick,  George  B 1517  Casey,  Michael 416  Coopers,  Edmond 852 


-> 


INDRX 

Coopers,  Joseph   P, 852    Davenport,  Mervyn  A ..  .  1258   England,  Beverly  Allen .  .      888 

Coopers,   Louis   P 852    Davison,  Charles' W 878   Rngland,   Cus  A 1388 

Cordes,  Paul  H 943   Dean,  Charles  O 1  588  Eriekson,  Andrew  E 719 

Cornell,  E.  V. 486  De  Carli,   Eouis  Charles.     684  Ernst  Brothers 1383 

Corotto.  John  A 683   De   Eorest,  Albert  T 1191    Esehenhurg,    Rodney 383 

Corpstein,  Joseph  T 1244  De  Daey,  1  tush  i\ 713   Esrey,  John 964 

Correa,  P'rank  vSilveira.  .  .    1447   Delniaestro,  Edward 1165    Estrade,  Mrs.  Lizzie  ....    1308 

Costa,  Georo-e  M 1665   Delmue,  Ernest 1239   Estrade,  Prosper   1308 

Costigan.  John  PI 705   Delyon,  Eugene 1159   Evans,  Erancis  Marion.  .      70S 

Costigan,  Robert  A 574  De  Mattei,  Miehael 1363   Fahey,  John   H 581 

Cottle,  Ira   687  Denegri,  13ismo  M 1353   P\ancher,  Earle  C 884 

Cottle,  Royal,  Sr 41 1    De  v^ilva,  J.  P 1550  Faria,  J.  S 1361 

Cotton,  George  Douglas.      66*^   Desinmne,    Joseph   S 1334   Farmers'     &     Merehants' 

Couch,  Thomas    538  Devenpeck,  Glenn   A....  1622       National  Bank  of  Moun- 

Coulter,  MajorAVilliam  A.     658   Devine,  John  James 526       tain  View    843 

Coupland,  Wm.  l^iichard.    1334   Devine,  Joseph   M 526   I'arney,   Edmund   B 718 

Covert,  A.  C 1263   Dickinson,    John  W 1432  Farnsworth,  Ralph 1485 

Cox.  George  W 673  Di  Fiore,  Angelo 901    Farrell,  M 1395 

Cox,  Tacol-.  Milan 800  Di  Fiore,  Domenico 1567  Farrell,  Mrs.  Maria 1030 

Cox,  John 838  Di  Fiore,  Frank  ........  1154  Earwell,   Frankim  M.  .  .  .    1199 

Cox,  Joseph  Emory 955   Dmsmore,  Dudlev  F 1245    Earwell,  J.  D 936 

Cox,   La  Fayette 675  Dinsmore,  John  W.,  D.D„  1108  Fate,  Harold  L 105 

Cox,  William    787  Distel,  Edward  Erancis.  .     902   Fatjo,  Robert  A 630 

Crabb,  Alexander  L 697  Dodds,  H.  G 1377  Fellom,  James  Matthew.     496 

Cramer,  David  Harold.  .  .    1052  Doerr,  Charles   520  Fellom,  John  A.,  Sr 761 

Cramer,  Joseph  L 1233   Doerr,  Henry  C 1119  Fellows,  Edmund  L 792 

Crawford,  Edward  D 512  Doidge,  Mrs.  Elizabeth  A.  1262  Fernald,  Josephine   M...      914 

Crawford,  James  N 1174  Dornberger,  Victor 670  Ferreira,  Joe  J 1443 

Cribari,  Fiore   1461    Dowling,  Thomas  M 1610  Ferrell,  James 1079 

Cribari,  Paul  A 1536  Draper,'  Wilbur  H 1043   Fieger,  George  W 1505 

Crippen,  Carlton  Carlvle.    1352  Du  IBrutz,  Anthony  G.  .  .  1239  Fiehmann,    George   J....    1307 

Cross,  William  J.  ...'..  .    1203  Dufour,   Charles 1290  Filice,  Gennaro 1609 

Crow,  Max  J 923  Duncan,  John  E 1333   Finley,  Mrs.  Louise  M.  .    1263 

Cunningham,  E.  M 652   Dunn,   [ames  T 1020  First    National    Bank    of 

Cunningham,  Joseph  C.  .    1249  Dunne,"  Mrs.   Catherine .  .      818       Los  Altos     1188 

Cunningham,   Luther    .  .  .      598  Dunne,  Peter  J 804  Fisher,  Fiacro  Julian.  ...      721 

Curry,  Benjamin  0 404  Dutton   Brothers    694  Fisher,  Henry  B 1084 

Curtis.  George   M 766   Eastman,  Edward  Ferry.      939   Fisher,  Ida  M 643 

Curtis.  Manly  M 1308   Eaton,   Ernest  C 677   Fitch,  Harry  H 1321 

Curtner,  Alan  Eltzroth.  .     932   Eaton,  Louis 1465   Fitts,  William  L 633 

Curtner,  Albert  H 1058   Eaton,  Ralph  W 1400  Fitzgerald,  John  P 1222 

Curtner.  Allen  E 581    Eberhard  Tanning  Co.  .  .      533   Fitzgerald,   Thomas 586 

Curtner,   Henry    423   Ebinger,  Lewis  B 1184  Fitzgerald,  Walter  G.  .  .  .      586 

Curtner,   Lucy   Latham..      424   Economou,  William  N...    1582   Flindt,  Homer  Eon 1636 

Curtner,  William  M 1120  Edwards,  Henry  William  1158  Flint,  Benjamin  and 

Gushing,  Frank  Allen  ...     982  Edwards,  Leonard  P 1179       William   R 504 

Cuthbertson,  Sidney  M.  .    1141    Ehrhorn,  Adolph  William  591    Foley,   William   Edward.    1105 

Cutler,  Charles  W 684  Ellet,  Alfred  AVashington  1093   Fontaine,  Gaston  R 1029 

Cutter',  John  J 1180  Ellet,  Charles   755   Forbes,  James  Alexander     878 

Cutting   Charles  D 1621    Ellet,  Edward  Carpenter.  746  Forbes,  Judge  James  A.  .    1554 

Cutting,'  Dr.  Tames  A .  .  .  .     826  Ellis,  Edward  F 931    Ford,  Clifford  M 1348 

Da  Cruz,  Rev.  M.  A 14S9   Ellis,  James  H 792  Forward,  James  W 1095 

Daft    Joseph   1650   Ellis,  John  Edward 1285   Forward,  Jas.  Wesley  .  .  .     874 

Dahl'gren,  Andrew  P 947   EUis,  Marion  E 1257   Foss,  Mrs.  Sarah  A 442 

Daly,  Phillip 1160   Elmer,  L.  H 1117   Foster,  Fred  Lawrence.  .    1486 

Darlino-,  Salma 710  Elmer,  Walter  M 1212  Fourcade,  Susanna  W.  .  .     947 

Darsie,  William   752  Emery,  Dr.  Grenville  C.  .      525   Fonts,  David  P 1076 


INDEX 

Francalanzo,  Joseph 1407   Goodrick,  Thomas  A....    1184  Harris,  James  William..  729 

Francis,  Octave  J 1125   Goodwin,  C.  B 1531    Harrub,  Irving  E 1630 

Fredericks,  Karl  R 503   Goodwin,  James  A 1367   Hart,  Alexander  J 504 

Free,  Hon.  Arthur  M. ...      880  Gordon,  Harry  V 1354  Hart,  Leopold  .  .". 323 

Freelvn,  Elias  H 574  Gordon,  Dr.  William  D..    1543   Hart,  Orville  Benjamin.  .  669 

Freeman,  Edgar  H 796  Gosbey,  Hon.  Perley  F.  .      529  Hartley,  W.  W 545 

Freeman,  Lloyd  E 836  Gould,  James    ' 948  Harton,  Will  Green 1058 

Freitas,  John  Andrews  .  .    1396  Graeb,  AValter  A 1549  Harvey,  Harriet  Newell.  592 

Freitas,  John  R 1524  Granander,  K.  J 1501   Flauk.'john 917 

French,  Alden    1165   Gray,  George  A.,  M.  D.  .    1523  Haun,  George  J 718 

French,  Ernest  A 1169  Greco,   Anthony 1149  Hayes,  Everis  Anson  .  .  .  320 

French,  John  FI 1524  Greco,  Gaspare 1603  Hayes,  Mrs.  Everis  A.  .  .  530 

Frisbie,  Mrs.  Geraldine  E.     568  Greco,  Victor  Y 1632  FIa3-es,  Hon.  Jay  Orley.  .  324 

Fry,  H.  Ray 879  Green,  Ed.  R 1150  Flayes,  Mrs.  jay  Orley.  .  905 

Fuchs,  Emil  V 1652  Grecniey,  Joseph  Spencer  1540  HaA'es-Chynoweth,     Mrs. 

Fullington,  RoUa  F 953   Griffiths,  William    838       Mary     334 

Fulmer,  Jacob  P 1029  Grhn,  Ira  H 1056  Headen,  Dr.  Benjamin  F.  599 

Funkier,  William 1154  Grimm,   George    597   Hedegard,  S.  N 1558 

Gagliasso,  Charles 1090  Griscz,  Celestine  J 1526  Heilmann,  Stephen   768 

Gagliasso,    Luigi 1329  Grisez,  Rev.  John  C.,  S.  J.   1489  FTeimgartner,  William  B.  1513 

Gallagher,  Alfred  D 1163   Growers  Bank    1299  Helwig  Lester  H 670 

Gallagher,   George   F.  .  .  .    1163   Gru^^'ell,  Charles  Lee.  .  .  .     722  Flendy  Iron  AA'orks 818 

Gallagher,  Richard    515   Gruwell,  Lawrence  C...    1481    Hendv,  John  Harris 784 

Gallagher,  William  L.  .  .  .    1245  Gubser,  August   1466  FIenkie,"R.  E 1209 

Gamble,  Edwin  P 1330  Guglielmoni,  S.  E 1559  Henev,  Richard 1560 

Gardner,  Fred  H 730  Guglieri,  Dr.  A.  A 892  Henrv,  William  Fiske.  .  .  765 

Gardner,  Walter  J 569  Guglieri,  Mrs.  Adela  R.  .     892  Herm'le,  Andrew 1505 

Gardner.  William  S 741   Guglieri,   Gregorv    1501    Herring,  S.  H 1141 

Garrod,  David    1106  Gwartney,  Mrs.  Betty.  .  .    1481   Herrmann.  Charles  F.  AV.  500 

Garrod,  Ralph  Vince 1201   Gwinn,  Marion  Thomas.    1478  Flerrold,  Charles  David .  .  1293 

Gatter,  Jacob  M.  H.,  Jr.  .    1540  Haag,   AVilliam   F 585  Hershey,  Chester  E 1630 

Gattuccio,  Bart,  M.  D...      890  Haag,   Mrs.  Elise  M 585   Hersman,  Hugh  Steel...  1184 

Geer,  Mrs.  Clara  A 1563   Haase,  Maxwell  Benno.  .    1202  Hersman,  AVilliam  M.  .  .  .  1433 

Genardini,  Charles 1300  Hagelin,  John  L 1327  Hess,  Alexander  AV.,  Sr.  1274 

Genovesi  Bros.,  Zapelli  &             Hageman,  Joe 771   Flettinger,  Eby  Athv. .  .  .  954 

Company   1501   Halght,  Clark  A¥ 1564  Heyde,  John  W.  Edward  1560 

Geoffroy,  August 638   Haley,  Edward 1116  Fleymann,  Adolph 1635 

George,' Mrs.^Amelia  D.  .    1061   Hall,  AVilliam  Flenry 1286  Hiatt,   Frederick  Lee 1114 

George,  Alanuel  F 1490  Haman,  Carl  AVesle'y 812  Hiatt,  James 1494 

George,   Mrs.   Mary  W..    1166  Hanibly,  Francis  James.  .    1115   Hichborn,  Franklin 436 

Gerow,  Forest   B 1629  Hamilton,  George,  Sr.  .  .  .      371    Hill,  Andrew  P 355 

Giacomazzi,  Edward  P..  .    1494  Hamlin,  E.  C.  .'. 1204   Hill,  Frank  D 1543 

Giacomazzi,  AVilliam  F..    1164  Flammond,    Mrs.    Martha   1120  Hill,  Henrie  Granville...  882 

Giardano,  Frank 1677   Hancock,  Joseph  Edward     934  Flill,  Henry  Tanner 960 

Gibson,  L.  W 1456  Hanger,   Curtis  Elden.  .  .    1083  Hills,  Alfred  Farley 1121 

Gifford,  JuHa  A 1102  Hansen,  Antone  K 1525   Hinsdale,  Willian,  A.  B..  1636 

Gifford,  Loren  N 533   Hansen,  James 1096  Flirsch,  Mrs.  Emma 898 

Gillespie,  John   1201   Hansen,  Knut  H 1.344  Hinds,  Carleton  Jay 1677 

Gilroy  Public  Schools...    1138  Hansen,  i\Irs.  Mary  E...    1102  Hobson,  Benjamin  F 483 

Giottonini,  AVilliam    ....     887  Hanson,    Floyd   A 1261   Hobson,  Herman  AV 1112 

Glans,  Oscar  E 634  Hanson,  George  Warren.     832  Hobson,  AA'illiam  B 404 

Glennon,   Matthew  J 1169  Hanson,  Mildred  P 1051    Hoesch,  Judge  John  M..  1149 

Gober,  Robert  P.,  M.  D..    1460  Hapgood,  Frank  A 1460  Hogan,  Thomas  C 890 

Gober,  Rev.  W.  R 1460  Hares,  AVilliam  Lionel.  .  .    1659  Hogg,  Henry  C 1095 

Gohranson,  Oscar  F 1364  Harms,  George  AV 1472  Hogg,  Robert  L.,  M.  D.  .  665 

Goldmann,  Edmund,  Dr.    1234  Harms,   Henry  A 1539  Holmes,  F.  H 1107 

Goodrich,  CHiTord    Byron   1303    Har])er,  Capt.  Richard  B.     732  Holthouse.  Eberhardt  H.     832 


INDEX 

Holthouse,  j.  Fred 836    Johnson,  Nils   519  Lambert,  Tom   1358 

Holthoiise,  Mark  II 835    [ohnson,  Theodore    585   Lande,  Rev.  William  J..  1339 

Hooper,    H 1340    [ohnston,   William   Allen  709   Landon,  Peter  D 683 

lioque,  Francis  M 734    [ones,  C.  FI 717  Fanfri,  C 1187 

Hoque,  William  Francis.      734  Jordheim,  Ole 1497   Langford,  Arthur  Burr  559 

Florn,  i\Irs.  Emily  J 917    Joshua  Flendy  Iron                       Fangford,  Robert  Jackson  559 

Florstmann,  Fred  FI 1641       Works    818  Fanham,  Oscar  M 1544 

Houser,  Harry  A 1543   Juarez,  Joseph  F 1322  Fannin,  Frank  T 1212 

Howe,  Miss  Agnes  E 654   Kammerer,  Feroy  H 1639  Fapachet,  Henry 1680 

Howe,  William  B 897   Kammerer,  Urban  A 1250  Farson,  Carl  A 1554 

Howes,  Charles  E.,  Jr.  .  .    1116  Kasson,  Frank   1362  Farson,  Charles  A 1632 

Howes,  Charles  Edward.    1115   Kearney,  Thomas  E 1337  Farson,  Fred  W 1544 

Flowes,  Freeman  F 1169   Keeble,  Edward  G 1603  Farson,  Fewis    821 

Hoyt,  Frank  F 1513   Keeble,  Richard  P 359  Fatham,  Allen  R 1129 

Flubbard,  Thos.  15... 1062,  1118   Keesling,  Alva  Curtis  ...  1057  Fathrop,  Charles  Gardner  1021 

Hubbard,  Albert  Fester.  .    1062  Keesling,  George  F 897  Faumeister,  Gustav 1683 

Hubbard,  Mrs.  Sierra  N..    1118  Kelley,  Alphonzo  M 1040  Faura,  Charles  E 1647 

Hubbard,  Frank 1404   Kelley,  Dr.  Thomas 1040  Fausten,  Brousen  P 1472 

Huff,  Frank  L 1019  Kelly,  George  Albert 1204  Fawrence,  William  H. .  .  647 

Fluber,  Charles  FI 1679  Kemp,  Freeman  H 14U4  Fawrence,  George  C 1180 

Huff,  James  A 1065   Kendall,  E.  F 467  Feaman,  James  B 862 

Hughes,  John 563   Kendall,  Mrs.  Fetitia                    Fearnard,   Tracy 1328 

Hultberg,  Nels  0 1240       Pearl  Snyder 464  FeDeit,  George  li 1169 

Hunt,  Charles  A 1490  Kennedy,  James  C 612  FeDeit,  Sylvain   1133 

Hunt,  Harold  G 1245   Kennedy,  James  K 1304  Fee,  H.  Irving 1665 

Hunter,  Frank  A 1122   Kennedy,  Karl  F 1486  Fee,  Professor  Robert  A.  651 

Husted,  Ralph  Allen 1213   Kennedy,  Mark  E 1157  Feib,  Frank  A 726 

Hutton,  Hiram  Coye 1170  Kenyon,  Frank 529  Feib,  S.  F 316 

Hutton,  Warner 515   Kenyon,  James  Monroe  .  1399  Feitch,  Edwin  H 657 

Huxtable,  Frederick  J.  .  .    1575   Kerr,  Flenry  M 853   Feiter,  Jeremiah 714 

Ingels,   Bruce    924  Kerwin,  John  B 597  Feland,  Raymond  Barrett  1380 

Ingleson,  Mrs.  Robert  S.     706  Kerwin,  Thomas   597  Fener,  Mrs.  Kaspar 1502 

Interurban  Sanitarium   .  .    1563   Kesling,  Earl  E 1485  Fenfest,   Fee   R 1407 

Irwin,    Samuel   J 877   Ketchum,  Otto  F 1164  Fepesh,  Andrew  P 1334 

Isaacson,  Herman 1214   Kidder,  George  S 1265  Fester,  Amos    634 

Isasca,  Vincent 1295   Kidwell,  James  Milton.  .  902  Fester,  Charles  C ^  865 

Jackson,   Jonathan  F.  .  .  .     922  Kirk,  Bert  T 883  Fester,  Fred  E 1022 

'lackson,  Roy  1 1548  Kn-k,  Mrs.  Louise  G. .  . .  648  Fester,  Henry  W 905 

Jacobs,  Sol 1071   Kirk,  Theophilus 379  Fester,  Nathan  F 568 

James,  D.   W 1462   Kissinger,  Henry 1684  Fester,  Mrs.  Sarah  E..  .  .  431 

James,  William  Henry  .  .    1225   Klotz,  Christian  M 1493  Fester,  William  Walter.  .  568 

January,   Wm.   A 1687  Knoeppel,  Matthias    ....  1039  Fe  Suer,  Frank  A 1473 

Jemm,  Otto  F 1611  Knoles,  Tully  Cleon,  D.D.  511  Fevin,  George  A 519 

Jennings,  W.  AV.  and  Mrs.  Knowles,  Frank  W.,  M.D.  852  Fewis,  George  R 1587 

Ella  Fords 485   Knowles,  Homer 476  Fewis,  Harry  C 1261 

Jensen,  Anton  M 1277  Koch,  Valentine 891  Liddicoat,  George   1143 

Jepsen,'  Andrew  H 692  Koehle,  I.  J 1373  Fiddicoat,  William   1143 

Jepsen,  Mathias  P 1339  Kohner,  Ignatz    857  Fidley,  Will  George 1587 

Jessen,  Conrad 1659  Kopp,  Henry  Fouis 1477  Fieber,  Fouis   633 

Joaquin,  Joe   1666  Krause,  Herman  B 1213   Fietz,  Charles  F 629 

Johanson,  Carl  A 1591   Krieg,  Henrietta  Rehor.  .  854  Fightston,  James  Fouis.  .  360 

Johnson,  Emil  A 1610  Kyle,  S.  Clyde 1469  Filjenstein,  Gustaf  M 1459 

Johnson,  Frank  A 955   Facerda,  John  P 1642  Findholm,  Carl    1417 

Johnson,  Frank  W 1312  Facoste,  G 1493  Finehan,  Peter  F 549 

Johnson,  Harry    1160  Ladarre,  Firmin 1273  Finquist,  F.  A 1647 

Johnson!  Herschel 1482  Fafifey,  James  A 858  Fion,   Ernest   P 1065 

Johnson,  Mrs.  Myrtle  W.     955   Fake,  French  W 1585   Fion,  Gustave  F 767 


INDEX 

Lion,  Lazard    766  Martin,  Rev.  Thomas  R.,              Miller,  Frank   T 1158 

Live  Oak  Union  High                      S.  J 1143   Miller,  Mrs.  Grace  C.  .  .  .  1101 

School     ."....  1318  Mathews,  A.  H 1354   Miller,  Hale  Roy 1351 

Lobdell,  Frank  H 1364  Mathews,  Henry  D 873   Miller,  Harley  B 1221 

Locicero,  Nicholas    1635   Mathewson,  John  A 1497  iMiller,  Henry 351 

Locurto,  John  R 503   Matracia,  Alexander  ....    1547   Miller,  Judge  T.  H 1026 

Logue,  James   843  Mattcis,   Mrs.   Cattherina              Millich,  Frank    1684 

Loproto,  Joseph 1618       Geraud    1 160  Mills,  Arthur    1 505 

Lord.  Major  William  A.  1558  Matteis,  Joseph    1160  Mills,  Ora  P 1044 

Lords,  John  M 677  Matty,  Antoine    887   Milne,  Alexander 935 

Lords,  Walden 485   Mayhew,  Dr.  Arthur  B.  .      764  Mineo,  Henry  A 1659 

Lorigan,  Charles  M 1048  Maynard,  Edmund  W.  .  .      807   Minter,  Flenry  C 1474 

Lorigan,  Judge  Wm.  G..  .  1089  Mayock,  Stonewall  J 416  Miss   Harker's   School...  764 

Losse,  Austin  N 662  ]\laze,  Edward  Record.  .  .     989  Moe,  Arthur   1432 

Losse,  H.  E 662  Maze,  Spencer  Morrow.  .     438   Moenning,  Milton  G 1640 

Losse,  Weir  C 1604  McArthur,  Robert  A 554   Monahan,  Thomas    1240 

Lovell,  John  A 624  McBain,  John 567  Monier,  L.  A 1348 

Lowe,  Sam  B 733   McCarron,  Andrew  J.  .  .  .  1425    Montezuma    Mountain 

Loyst,  Andrew  1 998  .McCarthy,  John  R.". 729       Scht.ol  for  Boys 1269 

Loyst,  Maria  Cox 611    McCarthv,  Richard 600   Montgomery,  Alexander.  554 

Lund,  H.  J 1125   McCarty^  John  E.  ......  .    1615   Montmayeur,   Pierre 1015 

Lundin,  Theodore  C 1113   McCaule}-.  James  F 1076  Montova,  Antonio 411 

Lundy,   David   FT 1383   McChesney,"  James  Roger   1510   Montoya,  Manuel    1218 

Lunsford,  Lewis  M 1426  McCline,  George  E 848  Moody,  David  Bacon 771 

Lu,scher,  Ferdinand 1548  McComas,  Henry  W 1374  Rloore,  Samuel  T 918 

Luther,  Don  Walter 387  McCombs,  W^  C 1670  Morell,  George  F 976 

Luther,  Lacob   638  McCracken,    Mrs.    Eliza-             Morgin,  Ned  B 1647 

Lutter,  Clarence  A 1311       beth     435   Alorrell,  Albert  E 1094 

Lyle,  George  W 858  McCurdv,  V.  T 1316  Morris,  Theodore  John.  .  1214 

Lyndon,  James  H 403   McDaniel,  Wilfred  A 1217  Morrison  &  Wallace 1470 

Lyndon,  John  W 800  McDonald,  Archie 400  Morton,  Ada  Scott,  M.  D.  1080 

Mabury,  Howard  Irvin.  .  853   I\IcDonald,  James  A 495   Mossi,    John    1084 

Macabee,   Z.   A 1289  McGinnis,  fames  Sumner     523   Muir,  Chas.  H 1600 

Macaulay,  John  W 891   McGrath,  Daniel  J 879   Muir,  Ray   1159 

Macdonald,  Hugh   731    McGrath,  Eugene  "0 725   Mulcahy,  Matthew  F 1444 

Machado,  Frank  A 1521    McGrurv,  Warren  J 1422   Mule,  Charles 1363 

Alachado,  Frank  R 1492  McHenrv,  Francis  j 1173   Mullen,  Edward  H 1465 

Machado,  Manuel  A 1418  McKee,  Edson 1437   Mullen,   William   Henry.  1294 

MacLeod,  Mrs.  Elizabeth  628  McKee,  George  Butter-  Murgotten,  Alexander  P.  ,345 

Madsen,  H.  Chris 1656       held 419  Murphy,  Bernard  D 997 

Magee,  John  Lafayette.  .  734  McKee,  Hubbard 577  Murphy,  Martin 908 

Mao-ee    Robert  Bruce.  1422  ^IcKenzie,  Michael 1616  Murphy,  Patrick    1109 

Mao-o-ini    Plin  537  -Mi-'Keown,  Daniel  Linden   1179   Murrin,  James    637 

Maher,  Thomas  ".'.'.'.'.'.'.'.  861   McLachlan,  Duncan  P. .  .    1 153   Musso,  Fred  G 1129 

,.    ■       ^M    IT  icoc   McMurtry,  George  S 998  Narvaez,  Miguel  H 1669 

;\iain,   VV.  hi iDoo   , ,.    ,     .      -^ '         .   -^  ,  -^^   ^t     ,     t     ,     t^  ■,  ■,  , 

,,    .                       ,,    ,            T  1  ir,7   Medenos.    Justmo    1502   Nash,  Lyle  R 1134 

Maisonneuve,  Alphonse    .  1403   ., ,      ,         t  "i       r^  tt^   >vt   4..-             t               t  -i^o 

,^  ,               r^'                    '  ,rr.r  JMcnkcr,  Johu  C 376  Nattmger,   Lyman  L....  468 

Malatesta,  Giacomo    ....  606  ^^^^^^^^^_  '\ly,\,^n  O.  F.  .  .      596  Navlet,  Charles  C 720 

Mancuso,  Theodore  M. .  .  1656  Merrill,  Richard  J 1315   Neilsen,  Neils  Adler  ....  1414 

Mangnm   Bros 1368  Merrill,  Walter  1.,  M.D..    1622  Nelsen,  Peter   1112 

Manotti,  Luigi  M 1609  ]\ierriman,  Mrs.  Isabelle.     956  Nelson,  Alfred  R 1480 

Martella,  Giacomo 1322  Merritt,  James  C 725   Nelson,  Gustave    468 

Marten,  John  S 1535   Meyer,  Albert  M 1493   Nelson,  John  W 1526 

Martin,  Elizabeth  H 346  Meyer,  Emil 1111    Nelson,  Nick    1426 

Martin,  Julius 346  Meyer,  Peter  H 1473   Newell,  Edward,  M.  D.  .  .  1448 

Martin,  P.  J 1581    Michel,  John  J 1396  Newman  Hall 889 

Martin,   Samuel    1 126   Millard,  Byron   901    Nichols,  Charles  L 1357 


INDEX 

Nichols,  John  Henry 1539   Page,  George  W 997   Pitman,  William  Ward.  .  1270 

Nichols,  Thomas  Benton     959   Palo  Alto  Public  Library     909  Pisturino,  Sam   1312 

Nichols,  Valentine  David     666  Pancera,  John 698  Place,  Elvert  Ernest 1660 

Nichols,     Walter     Ham-             Panighetti,  Carlo 1088  Plank,  Mrs.  Melinda  C.  .  1043 

mond     967   Panighetti,  Silvestro    ...    1559   Polhemus,  George  Bissell  365 

Nicholson,  George  A 1527   Parker,  Charles    1422   Polhemus,  Edward  R 1130 

Nicholson,  George  E 996  Parker,  Major  Lewis  F.  .      592  Poli,  Luigi 1560 

Nielsen,  Anton  T 1338   Parkhurst,  Mrs.  Ella  S..    1025    Pomeroy,   Irwin  Edgar..  564 

Nielsen,    Niels   Nicholas.      537   Parkinson,  J.  F 427   Pomeroy,  Marshall 534 

Nightingill,  Frank  W.  .  .     960   Parkman,  H.  L 932   Pomeroy,  Warren  H 935 

Nippon  Mura  Inn 1214  Parks,  William  W 585   Pogue,  John  Fawcett 1448 

Nixon,  John  AVilliam.  ..  .     399  Parlier,  Charles  Allen...    1514  Portalupi,  Evasio    1299 

Nommensen,  E 1307   Parton,  Floyd  A 1509  Porter,  Rev.  A.  W.  Noel  664 

Norton,   Evered  H 1679  Pasetta,  Mateo  J 1418  Porter,  William  R 786 

North,  Milo  J 1612  Pashote,   Joaquin  J 1592   Post,  Alfred  Breed 991 

Notre  Dame  College....    1643   Passantino,  Francisco  ...    1330  Post,  William  0 1266 

Noyer,  Joseph  F 1663  Passelli,  Steve    1391    Poston,  Emory  E 1622 

Nuttman,  Aloysius  W.  .  .    1636  Patchell,   Robert  K 991   Power,  Edward  C 643 

Oberg,  Isaac 1066  Patterson,  Steve 1641   Poulsen,  Jacobi    1371 

O'Brien,  Jeremiah  J 1481   Paul,  DePhonzo  Gibson.      524  Pourroy,  Eloi   1270 

O'Brien,  Michael 1353   Pavlicevich,  John 1656  Pourroy,  Pierre  C 1174 

O'Connell,  Albert  F 995   Payne,  George  C 1664  Priest,  Milo  Ray 1528 

O'Connell  Bros,  Inc 936  Payne,  James  Fred 913   Princevalle,  James 931 

O'Connell,  Charles  T 992  Peacock,  Walter  R 701    Provenzano,  Joseph  C.  .  .  1596 

O'Connell,  Elmer  S 963   Peard,  John  James 1444  Prudhomme,  Philippe  ...  992 

O'Connell,  Frank  J 975   Pearson,  Charles   1599  Prussia,  Willard  L 679 

O'Connell,  G.  Daniel 996  Pearson,  Charles  A 1599  Puccinelli,  Romolo  L 1628 

O'Connell,  Thomas 710  Peckham,  James  B 1536  Purviance,  Mrs.  Elmyra.  1673 

O'Connor,  Percy   968  Pedgrift,  Sam 1547  Puterbaugh,  George  E.  . .  1482 

O'Connor,  Hon.  M.  P...     654  Peirano,  Giacomo    1026  Radtke,  William    1357 

O'Connor  Sanitarium  .  .  .     657  Pennington,  John  R 1246  Raggett,  Martin 1497 

Ogier,  James  Lee 1451   Perkins,  James  Elwin...    1509  Raggio,  George    1595 

O'Hara,  Rev.  Father  Pat-             Perone,  Charles 1273  Rainey,  Prof.  Joseph  W..  874 

rick  J 1002  Perrone,  Osea 1567  Rainwater,  Julius  H 1438 

O'Keefe,  Frank  H 1170  Peter,  Fred   1674  Rambo,  Wliliam  Taylor.  1372 

Oldham,  Louis  F 1137  Petersen,  Peter  J 1456  Ramsay,  William    1517 

Olsen,  Andrew 1576  Peterson,  Fred  L 1001   Randall,  Laurence  G 825 

Olsson-SeiTer,  R.  M 1461   Peterson,   Peter  J 1471   Ransom,  Joel  W 1377 

Oneal,  Louis 1358  Peterson,  Mrs.  Lillian  J.    1001   Rasmussen,  Chris   1130 

O'Neil,  Robert  K 877  Pettit,  E.  T 489  Rathbun,  F 1611 

Orr,  Horatio  W 545   Pfister,  Henry  A 366  Rawlings,  George  S 526 

Ortley,  William  B 837  Philhps,  Clarence  E 1575   Rawhngs,  John  A 879 

Osborne,  A.  E.,  M.  D. .  .      570  Phillips,  Frank 1347  Raymond,  Daniel 679 

Osmer,  George 678  Phillips,  Dr.  La  Forest  E.     990  Redwine,  Claude   538 

Ostenberg,  Pontus    1040  Phillips,  William  C 1421   Reed,  Charles  C,  Jr 1491 

Osterman,  Fred  W 91Z  Picchetti,  Attilio   1642  Reed,  Charles  Pennelland 

Otter,  Hugo  W 1211   Picchetti  Bros 1596       Alice  H I434 

Ousley,  Samuel  M 407  Pieper,  Mrs.  Adele  E 412  Reeve,  Earl 1603 

Overfelt,  Charles  F 511   Pieper,  Ernest  0 1217  Regnart,  Herbert  William  1096 

Overfelt,  Mrs.  Mary 387  Pieper,  John  H 412  Regnart,  Robert  Edouard  1119 

Overfelt,  William  C 384  Pierce,  Charles  H 990  Reid,  John  G 1539 

Owsley,  Edgar  H 1571   Pierce,  James  H 341   Renaud,  Mrs.  Ehse 1321 

Pacific  Manufacturing                   Pierce,  James  Pieronnet.     341   Rengstorfif,  Henry 383 

Company   910  Pike,  Jonathan 1674  Rengstorff,  Henry  A 824 

Pacific  Press  Publishing               Pitman,  Cornelius  Y 520  Reseburg,  William  H 1408 

Association   714  Pitman,  James  M 799  Rexworthy,  H.  S 1384 

Page,  Capt.  Walter  A.  .  .    1213   Pitman,  Marion 963   Reynolds,  James  M 827 


INDEX 

Rhoades,  William  G 1452  Ryan,  George  W 1443   Sherman,  F.  A 731 

Rianda,  Antonio 981   Sabatte,   Peter    1304  Shore,   L.  H 1586 

Ribble,  Charles  C 1075   Saich,  Anton 523  Short,  James 1387 

Ricard,   Father  Jerome                  Sainsevain,  Paul  C 775  Sigle,  M.  E 1523 

Sextus,  S.  J 742  Saleeby,  Elijah  M 1044  Silliman,  John  C,  M.  D..  719 

Rice,  Burl  E 1311   Sampson,  Leslie  E 1605  Silva,  Domingos  A 1490 

Rice,  John  A.,  D.  D.  S. .  .  .     954  Sanders,  Forrest  D 662  giiya,  Manuel  S 1433 

Rice,  William  A 1605   Sanders,  Stephen  Poole.  .     586  Silveira,  Joaquin  J 627 

Richard,  Louis  M 889  San  Jose  Abstract  &  Title             Silver    Harry    1617 

Richards,  Dr.  Charles  U.  898       Insurance  Company...  1378  Simmons,  John  Joseph..  1367 

Richards,  John  Evan.  ,  .  .  315  San  Jose  Mercury-Herald     982  SJ^ion    Joseph  V 1618 

Richardson,  Owen  Dale.  .    1374  Sanor,  William  J 1616  Simpson    William    M    D  496 

Richman,  John  W 1581    Saunders,  Stephen  M....  1254  Sin"letarv    Fmory  C  940 

Richmond,  Cedric  Rae. .  .    1217  Savage,  Granville  L 515   Sino-letarv    Emory   G  438 

Richmond,  Edmund  N.  .  .      553   Savstrom,  Charles 1203  Sin^letarv'  Georo-e  C  441 

Richter,  P.  Hermann  H.     617   Sawyer,  Eugene  T 372  ginnott,   Patrick^B .  . ! '. '. '.  956 

Ridley,  LaFayette 1347   Scaglione,  Louis  A 16/8  c-„      -p  „  i  141  ^ 

Riggs,  William  Ashley.  .    1544  Scagliotti,   Ed 1600  e!  •^'      ^  m  "  ^"  n i<i  c 

T)-   t/      T?         ■     ^T     ■  1111    c       r   .4.-    T-     -r  i^n^  Skinner,  Charles  C 1615 

Righter,  hrancis  Marion.    1144   Scagliotti,   Emilio    1606  ci      ■  u     t  v  (^7'' 

Riker,  William  E 1553   Scherrebeck,  Mary  E.  .  .  .    1337  ^,  '  „  ,,,   .  ._„ 

-n-     J        m,  T  1  c^n   o  i  -ii-        t^    \  c*7o  Slocum,  George  VV 1479 

Riordan,  Thomas  J 15o9   Schilling,  F.  A 578  „  '         .  ^ 

Rispaud,  Jules  Emile....    1087  Schilling,   Herbert   Emile     553         '  i   'au     i  -p in79 

Rispaud,  Mrs.  Renee.  .  .  .    1300  Schirle,  Anton  &  Sons.  . .     676  ^'"!*''  ^^Z''*^^  ^ '  ' ^^ij. 

Roberts,  George 701    Schlaudt,  Edward  and                    ^mith,   Charles  0 1106 

Roberts,  Herbert  L 1462       Augusta   564  Smith,   Charles   R 1506 

Roberts,  W.  K 542  Schmidt,  Emil    1414  Smith,  Francis   612 

Robertson,  Charles  D....     604  Schmidt,  H.  C 1154  Smith,  Fred  B 1150 

Robertson,  Edward  C.  .  .    1379  Schmitt,  iMichael 1652  Smith,  George  F 618 

Robertson,  Richard  Felix     560  Schoenheit,  Augustus  A.    1087  Smith,  Harry  Ellsworth.  1226 

Robidoux,  Wilfrid  F 680  Schroeder,  ].  H.  C 1479  Smith,  James    1277 

Robinson,  Arthur  J 1578  Schubert,  Adolph  V 1218  Smith,   John    837 

Robinson,  Flenry 1578  Schuh,  William    1540  Smith,  Olando  J 549 

Robinson,  Perry  W 400  Schulz,  John 1195  Smith,  P.  Milton 1109 

Robinson,  Robert  S 1199   Schutte,  Anthony    1640  Smith,    Rebecca    Crites.  .  612 

Rocliffe,  Chas.  Robert...    1115   Sciarrino,   Samuel    1522  Smith,  Stanley  Bassett.  .  1134 

Roche,  M.  J 1166  Scofield.  F.  Ned 1568  Smith,  Thomas  E 1218 

Rodeck,  S.  G 768  Scorsur,  Benjamin 1644  Snell,    Ralph    L 608 

Rodoni,  John    1563   Scorsur,  John   1665  Snitjer,  Fannie  Bonney.  .  868 

Roessler,  John  Robert.  .  .    1008  Scorsur,  Nick 1478  Snow,  Irving  A¥alter.'.  .  .  1138 

Rogers,  Josephine  Rand.      388   Scorsur,   Steve    1472  Snyder,   Arthur   J 824 

Rogers,  R.  Nella 913   Scott,  Robert   733  Snyder,   John    791 

Roll,  John   866  Scale,  Alfred 972  Scares,'  Francisco  P 1392 

Roller,  Arthur    1460  Searl,  Garner  R 1367  Sobey    Mrs.  E    T   .  .      .  1563 

Roller  &  Hapgood 1460  Seely,   George  B 1210  Solar'i,'  Victor   A 1387 

Ronecker,  Charles  J 1431    Selby,  Mrs.  John  S 483  Sonnichsen    L    H  1447 

Rose,  Joseph  F .      1514  Selby,  William  H 706  Sontheimer',  Urban  a'.  '. '. '.  653 

Rose,  Mrs.  Ros.e  G 1387  Sequeira,   M.   T 1434  Soper,  Darwin  J 826 

Rucker,  Joseph  E 776  gerpa,  Wilham  F 1133  Sourisseau,  Felix 948 

?"',  r;.-^Ti?  '       1^97  Sex,  James  Patrick 702  South,   Charles  D 541 

Rudo  ph,  Allen io-/   ^^^^^^^^^  j^j^^  Francis.  .     883  Souza,   M.   M 599 

Russ°ell,' Andrew  ■::■.::'.:  1016  Shaw,  Elton  Randall. .  .  .  1222  Spalding,  Hon.   C,   C.  .  .  .  380 

Russell  Lawrence 500  Shaw,  James  G 693  Spargur,   C.   G 1438 

Russo,  Joseph    1535  Sheehy,  Phillip  G 862  Speciale,  Orvis  H 1652 

Russo,  Nicholas  H 1617  Sheldon,  Stephen  White.     927  Spencer,    James    A 1021 

Rust,  Charles  W 1253  Shelley,   Sivert  H 674  Spooner,  D.   Rutledge.  .  .  1631 

Ryan,  Fred  S.,  M.  D 1258  Shepherd,    James    W.  .  . .  1101   Spring,  Thaddeus  W.  .  .  .  372 


INDEX 

Squire,    Charles    H 1373   Sutherland,  J.   C 611  Vandervoort,  Irving  P..  .  .  989 

Squires,   Leland  J 1506  Sutherland,    William    ...  366  Van  Lone,  Walter  Allen  1126 

Stag-o-,  John  C.   F 637   Svilich,    John    1438  Van  Orden,  Richard  P...  1226 

Stanfield,    James    J 800  Sweatt,  William  E 823  Vargas    Bros 546 

Stanfield,   John   Harold..     947  Syer,    Robert   S 573  Vath,  Charles  J 1121 

Stanfield,  John  J 1061   Talbert,    Edith    Leach...     628  Vatuone,  Romeo  F 1621 

Stanford  Bank    985   Talbott,  Mrs.  Alice  Lee. .  906  Vaughan,  Patrick  Eugene  1222 

Stanford,  Mrs.  Jane  L.  .  .     330  Talia,  Peter 1492  Vedova,  John  D 1522 

Stanford,  Leland   327  Tallmon,  George  W 1395   Volkers,  Arthur  W 1531 

Stanford    University                       Tanner,   A.    E.. 1347   Volkers,  Mrs.  Delia 1047 

Library    779  Tarleton,   George   Eber.  .  1612  Von  Dorsten,  Frank  A..  .  1079 

Stanquist,  Victor 1196  Tatham,  Jefferson 1221   Wade,  Sylvanus  Raynor.  1296 

Stanley,  Harold  J 1126  Taylor,  John 1616  Wagner,  Anton 884 

Stapp,  Jerome  V 881   Taylor,  William  Dennis.    1107  Wagner    Brothers 1640 

Stau,  Henry  C 1188  Teed,  John   E 1137  Wagner,  John  Jacob.  ...  1117 

Staub,  J.  Samuel,  M.  D.  .     604  Teixeira,  A.    1 1663  Wakefield,  Leland  Henry  1525 

Stebbins,  C.  L 1547  Templeman,  Arthur  W. .  .  1328  Walker,  George  E 1610 

Stevens,  Burt   597  Templeton,  William  S...  618  Walker,  Hon.  George  S..  688 

Stevens,   Charles    1617  Teresi,  Antonio    1625   Walker,  William  S 688 

Stevens,  Marcus  H 1343   Teresi,    Joseph  A 1480  Walker,  J.  M.  Church...  1477 

Stevens,  Orvis    597  Thaver,"  James  W.,  M.D.     971    Walker,  Leland  H 1225 

Stewart.  Frank  W 591  Thiel,  Charles 1606  W^alker,  Robert 981 

Stewart,  Ronald  G 1115  Thorn,  James  A 1273  Wallace,  John  Lindsley. .  1030 

Stewart,  Rufus  E 1399  Thomas,    C.    H 1153  Walsh,  Walter 963 

Stewart,  William  D 811   Thomas,  Clayton  R 761  Walter,  Henry  C 812 

St.  John,  Mrs.  Lucy  A..  847  Thomas,  Jerome  B.,  M.  D.   1451   Waltz,   Bloward   S 1084 

St.  Joseph's  High  School  1142  Thomas,  Massey 432  Waterman,  Clarence  H..  1641 

Stillens,   Marion  A 1480  Thomas,  Marshal  E 1577  Watson,  Mrs.  Elizabeth 

Stillwell,    Joseph   Charles  1230  Thomas,  Wendell  C 1647       Lowe 928 

Stillwell,  Joseph  M 485   Thompson,  Joseph  A..  .  .    1239  Ward,  Alvin  Ryland 921 

Stock,  Frank 854  Thompson,  Mrs.  Mary  W.     763   AVard.   1.   Parmelee 1200 

Stock,  Peter    862  Thompson,  William  ']....  1249  Ward,   Mr.  &  Mrs.  Will- 

Stocklmeier,  Mathias   .  .  .    1452  Thorp,  John  C 721       iam  B 458 

Stockton,  Herbert 1559  Tomkin,  Alfred  Forbes..  1557  Washburn,  Arthur  H....  1192 

Stolte,   Captain  F 1684  Tomkin,  Dr.  Alfred  Royce     986  Weaver,  A.  M 164S 

Stone,   Edward   Bruce...  722  Tomlinson,  Warren   G. .  .    1179  Weaver,   Edward   M 675 

Stone,  Vincent   B 1587  Tompkins,  Samuel  G 973  AVebster,  Eugene  D 1056 

Stoppelworth,  Edward  J.   1230  Tonini,  Pasquale 1678  Webster,  Thornton  Delos  1071 

Stough,  John  William.  . .     697  Tonkin,  John 1343  Weeks,  Charles 1005 

Stout,  Daniel  W 890  Topham,  Mrs.  Hattie  E..     808  Wehner.  Fred  W 844 

Strandberg,   John  W 817  Trimble,  William  Edward  1343   Welch,  Hon.  James  R...  1057 

Stralla,  Madeline 1588  Tripp,    Herbert   R 623  Weller,  Hon.  Joseph  R. .  1011 

Strickland,    Charles   E.  .  .  828  Truck  &  Tractor  Service             Weltz,  George  C 1592 

Strickland,  Erve  C 867       Company 1612  Wemple,  Emerson  H 1229 

Studer,   Fred   F 1230  Turner,   James 889  Western  Industries  Co. .  .  148Q 

Stull,    Robert   J 1371   Turner,  George  Webster.  1105   Weston,  Mrs.  Abbie  RL.  989 

Stura,  G.  C 1173  Tuttle,  Carl  F 881  Weston.  Benjamin  Frank  989 

Sturla,  Angelo    1578  Tuttle,  Hiram  D 1233  Wheeler,    Almon 924 

Sturla,'    John,    Sr 1479  Umbarger,  Austin  F 811    Whisler,  Rev.  George  H.  763 

Suess,'  R.    C 1278  Ucovich,    Mitchell,    Nick,             White,  George  C 1477 

Sullivan,  John  W 472       and    Peter 1361    White,  John  E 927 

Summers,  Robert  0 1180  University  of  Santa  Clara  1571   White,  Mrs.  Margaret.  . .  375 

Sund,  Herman    1090  Valpey,   Horatio    B 450  White,  Mrs.  Mary  A 342 

Sutherland,  Mrs.  Eliza  A.     360  Van  Dalsem,  H.  C 449  White,  Thomas  F 943 

Sutherland,  James 360  Van  Dalsem,  Louis  J....  449  Whitehurst,  Logan  L. .  .  .  934 


INDEX 

Whitehurst,  William  A.. .    1455  Williams,  Thomas  M.                   Wood,   Uriah 822 

Whitman,  Chauncey  H. .  .     741       M.  D 1474  Wood,  Walter  H 907 

Whitney,  Hamilton  C. .  .  .     738  Willson,  Carlon  R 835  Woodrow,  William  L..  .  .  457 

AVip-ht   David                         1048  Willson,  Frank  Chapman  921   Woodworth,   Thomas  J..  1192 

AVio-htman   PR S07  Willson,   Frederick  C.  . .  1528  AA/'orrall,  George  H.,  M.  D.  1330 

„,.?,          T.'     \  ^„c   AVillson,  George  A 1688  AVorthen,  George  AV 453 

w- "'  ^T      r"'"u  •  ■  ■          ;  Wilson,   Doxev   R.,   M.D.  1130  AVright,  Dr.  Henry  [.  B..  415 

W.lcox,  Elbert  Joseph.  .  .     415  ^^jj^^,^^  ^^-^^  j,^-^^  g  _  _  ^  933  ^^.^j^j^^^  j^^^^  Richard.  .  923 

Wilcox,  Frank  A 779  Wilson,    Ernest 1244  AA^■att,  Roscoe  D 1531 

Wilcox,  Frank  C 564  Wilson,  Horace 1262  Yerkes,  Ostrum  H 595 

AVilcox,  Hon.  Isaiah  A..  .      775  Wilson,  James 1034  Yocco,  Edward  Clement.  1498 

Wilcox,  Irwin  Miles 489  AVilson,    Robert 1625  Young,  Col.  Carl  J 1282 

AVildhagen,  F.   G 1625   AA^ilson,  AA''illiam  A 1421   Young,  AValter  1 1281 

Wilkes    Mrs    Ollie  M            975  Wilson,  William  R 1295   Zakis,    Peter    John 1498 

AYiUiams,  Albert  Edward     573   Winkless,  E.  W.,  Jr 1648   Zarevich,    Antone 1649 

-,„■„•            .           ,       r->i   •       r-'y,   AA^itten,    Charles    L 882  Zarevich,   Nickolas 1650 

Wi  hams,  Augustus  Clair     573  ^^,^^                 ^400  ^^^^^_  g^^pl^^^^  ^ j^^^ 

Williams,  Amos  Otis....    1536  ^^j^^^    ^^^^^^    ^ 1327  Zeiro,  Captain  Eg.dio  G.  653 

Williams,   Edson  H.   and             AVolfe,  Levi  W 1333   Zastrow,   Minnie   B 1307 

Robert  D 1618  Wolff,  William   A 1527  Zeller,  John  B 1655 

Williams,  Edward  Noble   1090  Wood,  Dallas  E 974  Zickendrath,  Ernest  C.  .  .  1455 

AA^Uiams,    John    S 1264  Wood,  George  A 1663   Zollars,  John  M 1605 


&^^,^^n^    /.     q)  C 


History 


CHAPTER    I. 


Unrivaled  Climate  and  Situation — Story  of  the  Early  Days — The  Founding 
and  Growth  of  the  Missions — Founding  of  San  Jose — Secularization  of 
the  Missions — Life  on  the  Early  Ranchos — Early  Government — The  First 
Americans — The  Ill-Fated  Donner  Party. 


THERE  is  no  county  in  California  so  rich 
in  material,  romantic,  progressive  and 
adventurous,  as  the  County  of  Santa 
Clara.  It  absorbs  al)out  the  whole  of  the  Santa 
Clara  \'alley,  rightly  proclaimed  the  richest 
\  alley  in  the  stale,  and  in  respect  of  size,  the 
richest  in  the  world.  It  is  located  at  the  south- 
ern end  of  v^an  Francisco  ]-^>ay  and  the  county, 
itself,  emljraces  1355  square  miles. 

The  climate  is  famed  for  its  e^•enness  and 
salulirity.  The  Mt.  Hamilton  Range  on  the 
east  and  the  Santa  Cruz  Mountains  on  the 
\vest  [jrotect  the  ^■alley  from  the  heat  of  the 
San  loaquiu  plains  and  direct  coast  influences. 
The  Eay  has  a  modifying  effect,  its  cool 
Ijreezes  wdiich  sweep  through  the  valley,  mak- 
ing the  summers  cooler  and  the  winters 
warmer.  The  mean  summer  temperature  is 
se^'ent^'-fi^"e  degrees;  Avinter,  about  sixty  de- 
grees. The  average  rainfall  is  sixteen  inches 
for  the  A-alley  and  nearly  tAvice  that  amount 
for  the  mountains.  There  is  an  alternation  of 
stc>rm  and  sunshine  lietween  Octol^er  and  Alay. 
During  this  period  there  are  from  thirty  to 
iortv  (\a\s  in  which  more  or  less  rain  falls; 
frcim  sixty  to  seN'enty  that  are  cloud}-;  the  rest 
are  bright  and  pleasant.  These  estimates  vary 
with  particular  seasons,  but  taking  the  aver- 
an-e  of  a  series  of  years,  it  will  be  found  that 
from  (Ictober  to  May  one-half  the  days  are 
cloudless  and  fully  three-fourths  such  that 
any  outdoor  vocation  can  be  carried  on  with- 
out discomfort  or  inconvenience. 

Cyclones  and  terrific  windstorms  are  un- 
known and  thunder  is  heard  only  at  rare  in- 
tervals. AX'ith  the  month  of  March  the  rains 
are  practically  over  though  showers  are  ex- 
pected and  hoped  for  in  April.  Summarizing, 
it  may  be  said  that  in  any  part  of  the  year, 
days  too  hot  or  too  cold  for  the  comfort  of 
those  engaged  in  ordinary  occupations  are 
rare.  It  may  be  added  that  the  fears  and  fore- 
bodings with  which  the  seasons  are  elsewhere 
greeted,  are  here  unheard  of.  Coming  with  no 
rio-ors,  they  bring  no  terrors  and  are  alike  wel- 
co'med  as  a  change.  In  these  conditions  health 
and  comfort  are  largely  subserved  and  also  in 


them  the  great  horticultural  possibilities,  and 
these,  the  elements  of  present  and  prospective 
prosperity,  are  as  constant  as  the  ocean  cur- 
rents in  which  they  have  their  origin,  as 
permanent  as  the  mountain  ranges  \vhich 
l)ound  the  field  of  their  exhiljition. 

vSanta  Clara  County  is  the  banner  fruit  sec- 
tion of  the  state.  In  1")19  there  were  98,152 
acres  planted  in  fruit  trees  and  2,850  acres  in 
\ines.  The  total  acreage  of  cereals,  vegetables 
and  l^erries  was  86,695  acres.  The  livestock 
numljered  62,248;  value  $1,288,175.  It  is  the 
[irune  center  of  America.  More  prunes  are 
raised  in  the  wallc}-  than  are  raised  in  the 
ydiole  United  States  outside.  In  1919  the  or- 
chardists  of  the  county  received  $45,000,000 
from  the  product  of  their  trees.  This  was  ir- 
respective of  the  money  received  from  the 
jjackers  and  canners.  In  the  season  ending  in  ■ 
the  winter  of  1919  the  Southern  Pacific  Rail- 
\\-ay  handled  al)out  153,000,000  pounds  of 
prunes  in  the  territory  Ijetween  Hollister  and 
San  Francisco.  The  crop  was  by  far  the  larg- 
est e\-er  raised  in  the  Santa  Clara  A'alle}'.  In 
1921  the  canneries  of  the  Aalley  paid  out 
nearly  $50,000,000  for  orchard  products. 

Though  called  the  "garden  spot  of  Califor- 
nia," this  phrase  should  not  be  interpreted  to 
make  gardening  more  important  than  fruit 
raising,  for  fruit  raising  is  the  prime  industry. 
Timber,  cattle  raising,  dairying  and  sundry  in- 
dustries have  played  and  still  play  an  import- 
ant part  in  the  lousiness  life  of  the  population, 
though  the  days  of  wheat  raising,  grazing  and 
timber  culture  are  passing  rapidly.  Lands  so 
fertile  and  so  adaptal:)le  to  fruits  and  vege- 
tables cannot,  in  a  section  that  is  being  rapidly 
populated,  be  given  over  to  any  industry  other 
than  one  that  is  intensive.  Within  the  limits 
of  the  county  there  is  practically  no  waste 
land.  It  is  interesting  to  bear  in  mind  that 
much  of  the  poorer  and  rougher  land  com- 
pares more  than  favorably  with  some  of  the 
best  acreage  in  the  Eastern  states. 

A  graphic  and  beautiful  picture  of  the  valley 
appeared   in   the   April     (1920)     issue    of    the 


34 


HISTORY   OF   SANTA   CT.ARA   COUNTY 


v^outhcrn    Pacific    Ihillctiii.      It   \vas    from    the 
jien  of  1\.  F.  Wilson  and  is  here  repriMluced: 

"One  (if  Califi  irnia's  great  oiit-of-cloors  treats 
is  a  tri])  throut^'h  an^'  of  the  orchard  regions 
around  the  Bay  cif  San  Francisco  during  blos- 
som time — the  end  of  March  and  the  begin- 
ning (.)i  /Vprd.  The  Adsitor  to  San  Francisco 
or  Oakland  during  this  period  should  devote 
a  day  at  least  t(.)  seeing  one  of  these  mountain- 
rimmed  fruit  N'alleys  nestling  among  their 
rounded,  oak-clad  foothills.  The  beautiful  val- 
le}-  of  Santa  Clara — (Jueen  of  Blossom  Festi- 
vals— lies  dh-ecth'  sijuth  of  San  Francisco,  its 
ncirthern  gatewav  l.ieing  at  I'alo  Alto,  twenty 
miles  distant.  It  is  hfty  miles  m  length  and 
from  fue  to  t\vent\'  miles  in  \vidth,  its  level 
floors  inlaid  vith  a  thousand  tinted  squares 
and  rectangles  of  orchards,  dotted  ^\'ith  coun- 
tr_\-  homes  and  interlaced  with  hundreds  of 
miles  of  auto  roads,  electric  lines  and  railways. 
Jt  is  a  \'eritable  Eden,  a  gorgeous  garden  of 
fruit  and  flowers,  walled  in  on  the  east  by  the 
Mt.  Hamilton  Range,  on  the  south  and  west 
by  the  Coast  Range  and  the  Santa  Cruz  Moun- 
tains. This  garden  wall  is  t\\'o  to  three  thou- 
sand feet  high  and  'over  the  garden  wall'  is  all 
Califi jrnia,  a  natural  setting  for  this  wonderful 
valley,  one  of  the  thousand  wonders  on  the 
Southern  Pacific  lines.  In  earl}-  spring  you 
can  here  behold  over  100  square  miles  of  trees 
in  snow-white  blossoms — prune,  plum,  cherry, 
olive,  almond  and  with  a  dash  of  pink  and  red 
for  the  peach  and  apricot.  Over  8,000,000 
with  billions  of  blossoms — Santa  Clara 
Count}''s  great  AVhite  !Milky  Way,  twinkling 
in  the  California  sunlight  like  myriad  heavenly 
constellations,  ^vith  h(jney  bees  buzzing  in  the 
perfumed  air.  Ha^e  )ou  e\er  seen  such  a 
sight?  You  may  hear  the  Song  of  Spring  all 
o\"er  the  world  but  no\\diere  on  earth  can  you 
duplicate  the  v'^anta  Clara  Valley  in  blossom 
time.  You  cannot  match  this  wealth  of  bril- 
liant blossom  even  in  Japan,  and  Japan's 
chcrr}-  blossom  trees  are  barren  wdiile  Cali- 
fornia's trees  Ijring  fcirth  luscious  fruit.  In 
late  March  and  early  April  the  Santa  Clara 
Valle\'  is  a  dazzling,  billow}'  sea  of  foaming 
^vhite  cajKS  ridling  toward  us  from  the  far- 
away horizon.  From  June  t(j  November  this 
ocean  of  blossom  is  formed  into  a  tempting 
Ijasket  of  assorted  fruits.  The  valley  then 
puts  on  a  regal  mantle,  purple  with  prunes  and 
])lums,  bright  }'ellow  "with  the  colorful  peach 
anfl  afudcot  gi\ing  it  full  right  to  the  happy 
title,  'The  Field  of  the  Cloth^if  Gold'." 

The  origin  of  the  name  \\diich  the  county 
bears  is  thus  described  in  a  repC)rt  made  to 
the  Senate  under  date  of  ,\pril  16,  1856,  by 
Gen.  Mariano  Guadalupe  V^allcjo,  then  senator 
frrim  the  district  of  Sonoma  entitled,  "Report 
of  ^Ir.  Vallejo  on  the  Derivation  and   Defini- 


tion of  Names  of  the  Several  Counties  in  Cali- 
fornia." In  that  report,  he  says  of  Santa 
Clara:  "According  to  the  Roman  Book  of 
Martyrs,  or  Mart\'roli.jg_y,  as  Hortalana,  the 
pious  mother  of  Santa  Clara,  was  once  kneeling 
lief(ire  a  crucifi.x,  ])ra3-ing  earnestly  that  being 
with  child  she  might  be  liappil}'  delivered,  she 
heard  a  \dice  ^vhispering:  'Fear  not,  woman, 
thou  shalt  safely  bring  forth";  wliereupon  a 
brilliant  light  sudclenh^  illumed  .he  place  and 
the  mother,  inspired  by  the  mysterious  predic- 
tion, baptized  her  child  Clara,  ^\diich  is  the 
feminine  of  clear  or  Iiright.  Clara  was  after- 
\\-ard  sanctified,  on  account  of  her  man}'  emi- 
nent virtues  and  accordingly  venerated  by  the 
Cathidics  in  all  Roman  Catholic  churches.  The 
Mission  of  Santa  Clara,  from  which  the  county 
deri\'es  its  name,  ^\'as  founded  on  the  twelfth 
da\'  of  Januar}-,  1777." 

The  peo]ile  who  inhaljited  the  Santa  Clara 
Valley  prior  to  its  occupancy  b}'  the  whites 
AN'ere  a  race  cif  mild-mannered,  ignorant  and 
generalh'  inoffensive  Indians.  Tlie\'  were 
sometimes  called  Diggers  and  sulisisted  on  the 
spontaneous  fruits  of  the  soil  and  the  small 
game  \vhich  the}'  killed  or  captured  with  their 
rude  wea])ons.  Like  nearly  all  the  nati\-es  of 
the  Pacific  Coast  they  worshiped  the  sun. 
The}'  believed  in  an  evil  spirit  and  their  re- 
ligious rites  and  ceremonies  ^vere  de\'oted, 
princi|)all}'.  to  its  lu'opitiation  rather  than  to 
the  adoration  of  a  Supreme  Being  with  power 
to  protect  them  from  the  anger  of  their  evil 
gild.  The}'  had  no  A'illages,  but  at  certain  sea- 
sons of  the  }'ear  they  wfiuld  herd  at  certain 
fixed  places  which  the  Spaniards  called  ranch- 
erias.  The}'  had  no  prominent  men  or  noted 
chiefs  whose  names  survi\'e.  Their  existence 
in  the  count}'  ser\'ed  as  a  motive  for  the  estab- 
lishing of  the  Mission  of  Santa  Clara,  which 
\\'as  the  beginning  of  ci^•ilization  in  the  valley. 

Founding   of  the   Missions 

In  1768  Franciscan  friars,  under  the  guid- 
ance of  Father  Junipero  Serra,  left  Lower 
California  for  the  conquest  and  conversion  of 
Lpper  or  Alta  California.  The  first  mission 
was  established  in  San  Diego  on  July  16,  1769. 
In  Septemlter  1776,  the  Viceroy  of  Mexico 
penned  a  communication  to  Don  Fernando 
Rivera,  the  officer  commanding  at  San  Diego, 
informing  him  that  he  had  received  the  intelli- 
gence that  two  missions  had  been  founded  in 
the  vicinity  of  the  Bay  of  San  Francisco  and 
as  the  Commandante  had  been  provided  with 
military  guards  for  these  he  would  be  pleased 
to  have  his  report.  On  the  arrival  of  the  mes- 
sage Don  Fernando,  without  loss  of  time,  made 
arrangements  for  visiting  the  places  desig- 
nated and  placing  the  guards  in  their  proper 
idaces.     After  a  journey,  covering  many  days, 


lllSTuin-   ol'   SANTA   CI.ARA    Coi'K'l'V  35 

he.   with    his    twelve   si.hhers,   arrived   at   Mon-  j.raver,    ihev   assisted    at    tlie    Jl,,lv    Saeranient 

terey,  where  he   learned   that  onlv  the  mission  of    the    mass.      Breakfast    next    l"o)l,,wed     after 

at   Sau   hraneiseo   had   heen    f.,nnded.      Aeeom-  whieh    they   proeee.led   to   thrir  r.^siM-rti v,.   nu 

l.anjed  by  bather      omas  de  la   l>ena.  who  with  ployments.     Tn^ard  no,,n  thev  returned  f.,  tl a" 

another  pnest.  had  l-een  a,,ponUe<l  to  perform  Mission   and   .spent   the   tune   ]V,,m    il,en   ,,n    I  11 

the     reho-ums     dnlies     ,,|     the     expedition,     he  2    o'eloek    between    -hnner    and    repose     af    ■ 

started  north.     On  then-  journey  they  eame  to  whieh    thev    rej.aired    to    then-    work  '  and    re 

the   spot  alterwans    oeeupied    bv    the    Satita  mained  euffa-ed   until   evening-  an-.-elus    about 

elara    M,ss,ou    and    bein-     eaptivate.l     by     its  an    hour    before    sundown         \11    then' 'b   f    , 

many   ehar,ns   and   a.lvanta-es   resolved   to   lo-  themsehes    t,,    the    ehnreh    inr    evenin-    de  '-' 

^'^^'';'  ''  '"'■^^•""  tl^--'''^'-  ti'-'"«.   "•Iii'^-li   eonsisted   of   the   ordinary"  family 

1  oward   the   last  days  of  the  year,   1776,  the  prayers  and   the   rosary,   e.xeejil   cm   speeial   oc'- 

soldiers  and  their  families,  who  were  to  take  easions,  when  other  dexotional  e.xereises' were 

part    in    the    establishin;;-   oi   the    new-    mission,  adrled.     After  .s'upper,   whieh   imniediateh'   fol- 

arri\-ed   in   San   I'raneiseo,   and   on   January  6.  lo\\-ed,     they     amused     themsehes     in     chA'-rs 

1//7.  leather  I'ena.  the  soldiers  and  their  fami-  sptirts.   g-ames   ai-id   daneint,'-  tmtil   the   hour   rf 

lies,   took   up   the   niareh   for   the   ehosen   loea-  i"eij(-.se._    Their  diet  consisted  of  an  abundance 

turn.     Their   hrst  duty  on  reaching-  their  des-  '-'f  beef  and   i-nutton,   with   ^-eg■etables   in   sea 

tination  was   to   erect  a  cmss.  \\-hich,  \\-ith  all  so"-      \A'heaten    cakes    and    pnddir-i<>-s    i-)r    n<  r- 

stilemnity,   \\-as   blessed   and   adored.      (Jn   Jan-  I'idges,   called   atole   and   jmuoIc,   alsi"^  formed   ' 

uary  12.  1777,  an  altar  \\-as  raised  and  the  first  portion  of  the  repast.     The  dress  was    for  tl 

n-iass   e\-er   celeliratecl   in   the   \alley   \\-as   said  males,  linen  shirts  and  pants  and  a  blanket 

by  Father  Pena.     In  a  few  days  Father  Mur-  he  used  as  an  overcoat,     'bhe  woincn 'rece'^ivecl 

g-uia    joined    them,    with    the    necessary    para-  each,    annually,    twd    underg-arnients,    a    o-Qw-n 

phernalia  for  a  settlement,  and  on  January  18.  and   a   blanket.      In   years   of  plent\'  'after   tl 

1777.  the  fon-nal  ceremony  of  founding;   Santa  .Missions  became  rich    the  Father.s' d'-t  d     t    I 

Clara   Mis,SKm   took  place.     'Jdnis  was  the   first  all  the  surplus  money' among-  them  inVlot'hinp- 

white    settlement    m    the    count_y.      hrom    this  and  trinkets"  oiem  m  ciotning 

time    the    vallev,    which    had    hitherto    been  ,, 

kno^vn  as  San  liernardino,  became  the  Valley  /"^  natn-es  were  teachable,  willing  to  learn 

of  Santa  Clara.     A  general  description  of  the  ^.""  reasonal)ly  industrious.     The  land  was  fer- 

settlement   is    thus   giyen   l-)y   Father    Gleeson  *^"'^  ''■'''d  each  3-ear  sa-\y  a  gratifying-  increase  in 

in  his  Avork  entitled  "The  History  of  the  Cath-  the  numbers  of  those  who  relinquished  heath- 

olic    Church    in    California":      "The    buildings  ':"'-'^™  tor  Christianity  and  habits  of  savacrery 

w-ere  generally  quadrilaterals,  inclosing  a  court  for  the  arts  of  civilization.     Havino-  a  care' oy    - 

ornamented  w-ith  flowers  and  trees,  the  wdiole  the  temporal  as  w-ell  as  the  spirFtual      'If 

containing  the  church,  the  fathers'  apartments,  of    their    charges    the    Fathers    soon    saw    f^ 

storehottses,    barracks     etc       The   entire   man-  Santa  Clara  Mission  become  a  flourishing  m'- 

agement    of    each    establishment    was    in    the  stitution  ^""'&   '" 

hands  of  t\\-o  religieux;  the  elder  attended  to 

the   interior,   the   younger   to   the   exterior  ad-  -^'^^"t  seyen  years  after  the  foregoing  events, 

ministration.       One    portion    of    the    building  Father  Junipero   Serra,  president  of  the   Mis- 

\\-hich  v\-as  called  the  'monaster}-'  v\-as  inhab-  sions   of   California,   feeling   that  old   ao-e   was 

ited  b}-  the  young  Indian  girls.     There,  under  overtaking  him,  and,  haxing  some  spare  time 

the  care  of  approved  matrons,  they  were  care-  resolved    to    visit    some    of    the    missions    and 

fully  instructed  and  trained  in  those  branches  hold  last  confirmation.     He  had  also  been  in 

necessary  for  their  condition  in  life.  They  were  vited    to    dedicate    the    Santa    Clara    Mission 

not   permitted    to    leave    till  of   an   age    to    be  About  the  first  of  May  he  visited  the  selected 

marned-this  with  a  view  of  preserving  their  gp^t^  ^^^  ^^^^  ^^,^^^  ^^  ^^  g^^^  Francisco      He 

""?,';     I'         1       t     .1  1  I.-1  -.    1  ''""'^  ''^™  "'  ^'^^^  Pl^'^e  b"t  a  few   days  when 

In   the   scTtools   those   who   exhibited   more  he  received  the  distressing  news  of  the  serious 

talent  than  their  companions  vvere  taught  vocal  jjlness  of  Father  Murguia      (Jn  May  11    1784 

and  instrumental  music,   the  latter  consisting  ..  „    ,-n„.^^,    .         ■      ,    'T  r       ,/       ,-/    ,  A 

r   ,1  1  1-1-7      4-1  1-1  tire   Illness    terminated    fata  ly       Father    Serra 

of  flute,   horn  and  violm.      In  the  mechanical  ,  r     ,,    ,  i'tutu_\.      i  ainer    v^erra 

departments   the   most  apt  were  promoted   to  '"''''"  ^°°  enfeebled  to  attend  the  funeral.     He 

the  positions  of  foremen.     The  better  to  pre-  "■]^^  ^'^'.'^'   however,   to  go  to   the   Mission  ior 

serye   the   morals   of   all,   none   of   the   whites,  *"e   dedicator_v   ceremonies,   which   took   place 

except   those   absolutely   necessary,   were   em-  on  May   16,   1784.     Assemlded   to  witness  the 

ploved  at  the  Mission.     The  daily  routine  was  imposing  scene  were  the  troops,  many  citizens 

as   follows:     At   sunrise   they   arose   and   pro-  and  a  large  number  of  unchristianized  Indians, 

ceeded    to    the   church,    where,    after    morning  On  the  succeeding  Sunday  mass  was  chanted 


36 


HISTORY   OF   SANTA  CLARA   COUNTY 


by  the  aged  priest  in  a  solemn  and  impressive 
manner.  On  that  da_\-  he  held  his  confirmation. 

Founding  of  San  Jose 

Don  Felipe  de  Neve,  the  third  Spanish  gov- 
ernor of  California,  was  in  office  from  Decem- 
ber, 1774,  to  September,  1782.  On  June  3,  1777, 
he  suggested  to  the  central  government  in 
Mexico  the  establishment  of  three  settlements, 
(me  of  them  being  on  the  banks  of  the  Guada- 
lupe River,  sevent}'-eight  miles  from  Monte- 
rey, fortv-eight  from  the  presidio  at  San  Fran- 
cisco and  tAVii  and  a  quarter  miles  from  the 
Missiim  of  Santa  Clara.  At  tliat  time.  Lieu- 
tenant Don  Jose  de  Mt)raga,  commanding  at 
San  Francisco,  ^\■as  directed  to  detach  nine 
soldiers  of  kno\\m  agricultural  skill,  two  set- 
tlers and  three  laborers  to  form  a  settlement 
on  the  margin  of  the  Guadalupe,  which  they 
effected  on  Novendier  29,  1777,  The  name 
the}-  ga\"e  it  was  San  Jose  de  Guadalu])e,  the 
appro\'al  from  Sjiain  being  dated  .March  6, 
1789. 

(  )n  December  24,  17S2,  Lieutenant  ]\loraga 
was  directed  to  partition  oli  the  land  to  the 
settlers,  a  (lut\-  he  effected  lictween  the  thir- 
teenth and  nineteenth  of  I\fa}-,  1783,  the  reciiJ- 
ients  of  the  land  being  Ignacio  Archeluta, 
Manuel  Gonzales,  Jose  Tiburcio  Vasquez, 
Manuel  Ames(|uita,  Antonio  Romero,  Ber- 
nardo Ivosales,  Francisco  A\"ila,  Sebastian  Al- 
N'itre  and  Claudio  AKdres. 

The  tir>t  location  was  made  nearly  a  mile 
and  a  quarter  from  the  center  of  the  present 
citv  of  San  T(.ise,  aliout  wdiere  a  bridge  spanned 
a  little  stream  on  the  road  to  AKiso.  The 
ground  was  too  low  at  this  point  and  the  first 
settlers  were  the  \ictims  of  }-earl_\-  recurring 
floods  and  thieving  Indians;  therefore,  jiermis- 
sion  was  asked  to  remoxe  to  higher  land  and 
a  more  adxantageous  site.  It  takes  long',  how- 
ever, tC)  moNC  the  wheels  of  official  machiner}'. 
In  the  \"ear  1785,  the  (piestion  of  the  transfer 
was  mooted,  Imt  it  was  not  until  1797  that 
the  remowal  was  acconqdished — the  center  of 
the  new  site  being  near  the  corner  of  Market 
and   San  Fernando  streets. 

Captain  Vancoux'cr,  wdio  visited  Santa  Clara 
Valley  in  17S*2,  thus  descrilies  it:  'AVe  con- 
sidered our  Course  from  v^an  Francisco  parallel 
to  the  sea  coast,  l:)etween  wdiich  and  our  path 
the  ridge  of  mountains  extended  to  the  S(]Uth- 
eastward.  As  we  ad\'anced,  their  sides  and 
summits  exhibited  a  high  degree  of  fertility, 
interspersed  with  copses  of  various  forms  and 
magnitudinous  and  verdant  open  spaces  en- 
circled with  statel}'  fruit  trees  of  various  de- 
scriptions. About  noon  w^e  arrived  at  a  very 
pleasant  and  enchanting  lawn,  situated  amid 
a  grove  of  trees  at  the  foot  of  a  small  hill, 
by  which  flowed  a  very  fine  stream  of  excellent 


water.  We  had  not  proceeded  far  from  this 
delightful  spot  when  we  entered  a  country  I 
little  expected  to  find  in  these  regions.  For 
almost  twenty  miles  it  could  be  compared  to 
a  park  wdiich  had  originally  been  planted  -with 
true  old  English  oak.  The  underwood,  which 
had  probably  attained  its  early  growth,  had 
the  appearance  of  having  been  cleared  away 
and  had  left  the  statel}'  lords  of  the  forest  in 
complete  possession  of  the  soil,  which  was 
co\-ered  with  magnificent  foliage  and  beau- 
tifull}'  di\x*rsified  with  pleasing  eminences  and 
valleys,  wdiich.  with  the  lofty  ranges  of  moun- 
tains, that  bounded  the  ])rospect,  required  only 
to  l)e  adorned  with  neat  habitations  of  an  in- 
dustrious peo])le  to  produce  a  scene  not  in- 
ferior to  the  most  studied  effect  of  taste  in 
the  disposal  of  grounds." 

Frederic  Hall,  a  pioneer  lawyer  of  San 
Jose,  sa}-s  in  his  history  that  nearly  all  the 
Indians  in  the  region  descrilied  by  Captain 
A  ancouN'er  were  in  the  habnt  of  visiting  the 
hill  on  wdiich  the  New  jVlmadcn  mine  was  first 
opened  and  workerl  to  obtain  the  red  paint 
to  arlorn  their  faces  and  bodies.  The  cinna- 
bar is  of  a  reddish  hue,  and  easily  produces  a 
red  pigment  wdicn  moistened  and  rufibed. 
\A  bile  the  color  ot  the  ]iig'ment  was  pleasing 
to  the  eyes  of  the  Indians  its  effect  on  their 
s_\'stem  was  by  no  means  agreealde.  It  sali- 
^  ated  them — a  result  as  mysterious  and  unex- 
plamalile  to  them  as  the  setting  of  the  sun. 
Althou.i^ii  a  little  painful,  they  seemed  to  for- 
get their  illness  as  they  witnessed  the  lustre 
of  their  skins,  for  they  W'cre  as  resfdute  in 
then-  pride  of  dress  as  the  proud  damsel  groan- 
ini;-  in  tight  corsets  and  tight  sh(-)es. 

The  Alameda,  that  renowned  avenue  that 
links  v'^an  Jose  \\dth  vSanta  Clara,  is  known 
and  admired  the  v\-orlfl  ox'cr.  Idle  planting 
of  the  trees  A\-as  started  in  1799  Iw-  Father 
IMaguin  de  Catala,  for  the  lienefit  of  the  way- 
farer ]ournc'_\-ing  between  the  two  towns. 
d\\-o  hundred  Indians  wxre  employed  to  do 
the  w^ork.  The  eastern  limit  of  the  groxe  was 
at  the  Guadalupe  River.  Init  in  Time  the 
march  of  progress  necessitated  the  removal  of 
many  of  the  trees  to  make  way  for  houses  and 
streets. 

The  original  ^lission  of  Santa  Clara  stood 
near  wdiere  now  are  seen  the  structures  of  the 
Southern  Pacific  Railway  station.  Its  walks 
were  cracked  by  an  earthquake  in  1812,  but 
no  portion  of  it  fell  at  that  time.  In  1822, 
however,  an(jther  and  more  severe  shock 
caused  so  much  injury  to  the  building  that  it 
became  necessary  to  take  it  down  rather  than 
attempt  to  repair  it.  A  site  for  a  new  Mission 
was  chosen  a  short  distance  to  the  southwest, 
and  in  1825-26  the  new  Mission  Church  was 
completed.     In  later  years,   so  great  was   the 


11IST(^RV  OF  SANTA  CLARA  COUNTY  il 

ileca}-  that  it  was  fcmml  adxisalile  to  encase  no  longer  necessary  for  missionary  [purposes, 
tile  walls,  remodel  the  facade  and  erect  two  and  thus  had  reverted  to  tlie  state  as  a  quasi 
tci\\ers ;  eacli  ser\ed  for  the  imrpose  of  a  escheat,  ^yhile  the  co-actors  in  Califr)rnia 
lookout.  The  face  of  the  structure  was  paint-  should  api)ropriate  the  lotal  wealth  of  the 
ed  in  a  rude  fashion  with  hihlical  scenes  in-  Missions  Ijy  the  ra])id  and  sme  prcjcess  of  ad- 
tended  to  attract  the  eye  of  the  ahoriginal,  ministerin.o'  their  temporalities."  And  again: 
wdiile  \\ithin  ^yere  tableaux  and  allegorical  "These  laws  Avhose  ostensible  ])urposc  was  to 
]iictures.  In  1884,  as  a  sanitary  measure,  the  convert  the  missionary  establishments  into 
old  Mission  was  torn  down  under  the  super-  Indian  puel)los,  their  churches  into  parish 
A'ision  c>f  Father  Robert  E.  Kenna,  |)resident  churches,  and  to  ekwate  the  Christianized  In- 
of  Santa  Clara  College.  One  adobe  wall  was  dians  to  the  rank  of  citizens,  \\'ere,  after  all, 
left  standing  to  show  the  original  construe-  executed  in  such  a  manner  that  the  so-called 
\\o\\  and  a  numlK'r  of  pictures  and  relics  were  secularization  of  the  missions  resulted  only 
allowed   to  remain.  in  their  plunder  and  comjjlete  ruin,  and  in  the 


Secularization  of  the  Missions 


demoralization    and    dispersion    of    the    Chris- 
tianized  Indians.' 


In  the  }"ear  1767  the  property  possessed  by  Immediately  upon  the  recei])t  of  the  decree 

the   Jesuits,   then   known   as   the   Pious   Fund,  the   then-acting   Go\ernor 'of   California,    Don 

was  taken  charge  of  In-  the  (lovernment  and  lose  Figueroa,  commenced  the  carr\ing  out  of 

used  for  the  benefit  of  the  ^Missions.     At  that  its  provisions  to  which  he  added  certain  rules 

time  the  possession  yielded  an  annual  revenue  and  in  accordance  .therewith  the  alteration  in 

of  $50,000,  $25,000  of  which  were  expended  in  the  missionary  system  was  begun,  to  be  imme- 

the  stipends  of  the  Franciscan  and  Dominican  diately  followed  by  the  absolute  ruin  of  both 

missionaries  and  the  balance  for  the  mainten-  r^fissions    and    countr}-.      Within    a    Acry    fe^v 

ance  of  the  missions  generally.     Father  Glee-  years   the   work   of   the    Fathers   \\-as   entirely 

son  says:  "The  first  inroads  made  upon  these  destroyed;  the  lands  which  had  hitbertcj  teem- 

pious    donations    was    about    the    }'ear    1806,  ed  \\\\\\   alnmdance  \\'ere   handed   o\"er   to  the 

when  to  relie^•e  the  national  wants  caused  by  Indians  to  lie  by  them  ne.glected  and  permit- 

the  wars  of   1801   and   1804  between  Portugal  ted  to  return  to  their  primitive  wildness,  while 

on    the   one    hand    and    Great    Britain    on   the  the   thousands  of   cattle   were   di\'i(led   among 

other.  His  MajestA^'s  fiscal  at  Mexico  scrupled  the  people  and  the  administrators, 

not  to  confiscate  and  remit  to  the  autjiorities  jj^  ]g35  ^i^g  number  of  Indians  cared  for  in 

in    Spain   as   much    as   $200,000   f)f   the    Pious  ^\^^  missions  amounted  to  over  30,000.     They 

Fund."     By  this  means  the  Missions  were  de-  ^^.g^e   peaceful,   happy  and   contented,   strang- 

prived  of  most  substantial  aid  and  the  Fathers  g^s  to  those  cares,  trouliles  and  anxieties  com- 

left    upon    their    own    resources.      Two    years  „^^,n  tu  higher  and  more  civilized  conditions  of 

after  ]\Iexico  had  been  formed  into  a  republic  ufg.      At   the    same    time    that   their   religious 

the  government  authorities  began  to  interfere  condition  was  one  of  thankfulness  and  grate- 

with  the  rights  of  the  Fathers  and  the  exist-  f^i  satisfaction  to  the   Fathers,   their  Avorldly 

ing  state  of  afifairs.     In  1826  instructions  were  position  was   one  of  abundance   and   prosper- 

forwarded  by  the  Federal  Government  to  the  ity.     Divided    among    the    dilTerent    missions 

authorities   in  California  for  the  liberation  of  from  gan  Lucas  to  San  Francisco  close  upon 

the   Indians.     This  was  followed  a  few  years  one  million  head  of  livestock  Ixdonged  to  the 

later  liy  another  act  ordering  the  whole  of  the  people.     The  united  annual  return  of  the  cer- 

missions   to   be   secularized   and   the   religieux  gals,  consisting  of  wheat,  maize,  beans  and  the 

to  withdraw.     The  ostensible  object  assigned  hke,   was   upwards   of    120,000   bushels,    wdiile 

by  the  authors  of  the  measure  was  the  execu-  at  the  same  time  throughout  the  diflierent  mis- 

tion  of  the  original  plan  formed  by  the  gov-  sions    the    preparation    and    manufacture     of 

eminent.       The  Missions,  it  was  alleged,  were  soap,   leather,  wine,   brandy,   hides,   wool,   oil, 

never    intended    to    be    permanent    establish-  cotton,  hemp,  linen,  tobacco,  salt  and  soda  was 

ments  :  they  were  to  give  way  in  the  course  extensively  pursued.     And  to  such  perfection 

of    some    years    to    the    regular    ecclesiastical  ^yere  these  articles  brought  that  some  of  them 

system    wdien    the    people    would    be    formed  ^^-gj-g  eagerly  sought  for  and  purchased  in  the 

into  parishes  attended  by  a  secular  clergy.  principal  cities  of  Europe.        * 


"Beneath  these  specious  pretexts,  'says 
Dwinelle  in  his  Colonial  History,  "w^as  un- 
doubtedly   a    perfect    understanding    between 


Such  was  the  happ}'  and  prosperous  condi- 
tion   of    the    country    under    missionary    rule. 


the    o-overnment    at    Mexico    and    the    leading  What  resulted  after  the  transfer  of  power  to 

men  "of  California,  and  in  such  a  condition  of  the    secular    authorities    was    disastrous.      In 

things  the  Supreme  Government  might  absorb  1834  at  the   time  of  the   secularization  of  the 

the  Pious  Fund  under  the  pretense  that  it  was  missions   there   were    1,800  Indians   belonging 


38 


IIISTORY   OF   SANTA   CLARA   COUNTY 


to  the  Missiiin  of  Santa   Clara.     In   1842  the 
numhier  had  lieen  reduced  to  four  hundred. 

Life  on  the  Early  Ranchos 

Prior   tri   the   .-Vmerican   occupation  of   Cali- 
fornia the  natives  A\'ere  a  half-caste  race,  be- 
tween the  half  Castilian  and  the  native  Lidian, 
A'ery   few   of   the    tamilies   retainino'   the   pure 
blood  of  old  Castile.     They  were  of  all  shades 
of  coliir  anil  developed  into  a  handsr)me  and 
vigorous    race.      Their    wants    were    few    and 
easily     supplied ;     they    were    contented    and 
happ}^:  the  Avrmien  Avere  \'irtuous  and  devoted 
to   their  church   and   religion,   A\diile   the  men, 
in    normal    conditinn,    were    kind    and    hospit- 
alile,  but  \\dK-'n  excited  l)ecame  rash,  fearless, 
even   cruel,   witli   no   dread   (->f  knife   or   pistol. 
Their   generositx^   was   great,   exerything   they 
had  being  at  the  dis[)(isal  of  friend  or  strang- 
er.     Socialh'    theA"    loxed    jileasure,    spending 
most  of  their  time  in  music  and   dancing;  in- 
deed such  A\-as  their  jiassion'  for  the  latter  that 
their  horses  were  trained  to  cur\-et  in  time  t(j 
the  tunes  of  the  guitar.     "When  not  sleeping, 
eating  or  dancing  the  men  spent  much  time  in 
the  saddle  and  naturalh-  became  expert  ec|ues- 
trians.     Horse  racing  Avas  with  them  almost  a 
daily  occurrence,  not  from  the  gain  it  might 
bring  h)ut  from  the  amusement  to  be  derived 
therefrom.      To     throw     a     dollar     upon     the 
ground,  ride  l)y  at  a  full  gallop  and  pick  it  up 
was  a  feat  that  most  of  them  could  perform. 

Horses  and  cattle  ga\e  them  their  chief 
occupation.  The}-  could  use  the  riata  or  lasso 
with  the  utmost  de.xterit}- ;  whenever  thrown 
at  a  Lnillock,  horseman  or  bear,  it  rarel_v  miss- 
ed its  mark.  The  riata  in  the  hands  of  a 
Californian  A\-as  a  more  dangerous  weapon 
than  gun  or  pistol,  ANdnile  to  catch  a  wild  cow 
with  it,  thrrjAv  and  tie  her,  withc)Ut  dismount- 
ing, was  most  common,  and  to  gcj  through 
the  same  perfr)rmance  with  a  liear  was  not 
considered  extraordinary.  Their  onlv  articles 
of  export  were  hides  and  tallow,  the  value  of 
the  former  being  a  dollar  and  a  half  in  cash 
and  two  dollars  in  g(K)ds  anrl  the  latter  three 
cents  per  pound  in  barter.  Young  heifers,  two 
years  old,  for  breeding  purposes  were  wortn 
three  dollars :  a  fat  steer  delivered  in  the 
Pueblo  San  Jose  lironght  fifty  cents  more, 
while  it  was  neither  trespass  nor  larcen}'  to 
kill  a  beeve,  use  the  flesh  and  hang  the  hide 
with  tallow  tin  a  tree,  secure  from  coyotes, 
where  it  could  1«;  found  by  the  owner. 

Lands  outside  of  the  town  were  valuable 
only  for  grazing  purposes.  J!^or  this  use  every 
citizen  of  good  character  having  cattle,  could, 
for  the  asking,  and  by  paying  a  fee  to  the  offi- 
cials and  a  tax  upon  the  written  paper,  get  a 
grant  upon  a  grazing  tract  of  from  one  to 
eleven  square  leagues  of  land.    These  domains 


were   called   ranchos,   the   only   improA-ements 
on   them  being  a  hcmse   and   a   corral.     They 
AA'ere  never  inclosed,  they  Avere  never  survey- 
ed, but  extended  from  one  Avell  defined  land- 
mark to  an(.ither,  and  Avhether  they  contained 
two   or   three   leagues    more   or   less,   Avas   re- 
garded as  a  matter  of  no  consec|uence,  for  the 
land  itself  Avas  of  no  value  to  the  government. 
It  Avas  not  necessary  for  a  man  to  keep  cat- 
tle on  his  oAvn  land.     They  were  ear-marked 
and    these    marks    established    the   ownership. 
The  stock  roamed  at  Avill,  the  rancher  some- 
times finding  his  animals   fifty  or  sixty  miles 
aAvaA-  from  his  grounds.    Aljout  the  middle  of 
March  the  rodeo  seasrin  opened,  the  time  Avas 
fixed  in  adAance  by  the  ranchero  Avho  Avould 
send     notice     to     his     neighbors     for     leagues 
around.      All    these    ranchers    with    their    va- 
queros,     Avould     attend     and     participate.      It 
Avas   the   gathering  in   one   locality   of   all   the 
cattle   on   the   rancho.      When    this    task    Avas 
accomplished,  the  next  operaticin  A\as  for  each 
ranchero  present  to  ]")art  out  fnnn  the  general 
herd    all   animals    haA'ing   his   brand   and    ear- 
mark and  driAe  them   oft'  to  his  own  rancho. 
In   doing  this   the}'   Avere   alloAved   to   take   all 
cah'es    that    followed    their    mothers.      What 
Avas  left  in  the  rodeo  belonged  to  the  owner 
of  the  rancho,  Avho  then  marked  them  as  his 
property.     On  some  of  the  ranchos  the  num- 
ber of  cah'es  branded  and  marked  each  year 
Avas    enormous,    Joarpiin    Ijernal,    aa'Iio    owned 
the   vSanta  Teresa   Rancho,   eight  miles   south 
of  San  Jose,  having  been  in  the  habit  of  brand- 
ing not  less  than  5,000  head  yearly.      In  this 
AA'ork    a    great    many    horses    Avere    etnployed. 
Lift}'  head  Avas  a  small  numlier  for  a  ranchero 
to  OAvn, 

By  the  time  the  rodeo  season  AA'as  over — 
about  the  middle  of  May — the  matanza  or 
killing  season  commenced.  The  numl^er  of 
cattle  killed  each  year  Avas  commensurate 
Avith  the  number  of  calves  marked  and  the 
amount  cif  herbage  for  the  year,  for  it  Avas  the 
rule  that  no  more  should  l>e  kept  alive  than 
the  pasture  on  the  rancho  could  support. 
After  the  butchering  the  hides  Avere  taken 
oft'  and  driefl,  the  fattest  portions  of  the  flesh 
Avere  made  into  soap,  while  some  of  the  best 
portions  of  the  meat  Avere  cut,  pulled  into  thin 
shreds  and  dried  in  the  sun.  The  residue  Avas 
throAvn  aAvay  to  be  eaten  by  the  buzzards  and 
the  dogs.  Young  dogs  Avere  never  destroyed 
and  it  Avas  no  infrequent  occurrence  to  see  a 
ranchero  ride  into  town  Avith  a  string  of  dogs 
at  his  horse's  heels. 

The  habitations  of  these  people  Avere  mark- 
ed by  simplicity.  The  Avails  Avere  fashioned  of 
sun  dried  bricks,  made  of  that  black  loam 
knoAvn  to  settlers  as  adobe  soil.     The  adobe 


DON  P,RUN(  )  BERXAL 


HISTORY   OF   SANTA   CT.ARA   COUNTY 


39 


was  mixed  with  straw,  each  lirick,  about 
eighteen  inches  siinare,  three  inches  thick,  be- 
ins  cemented  with  mud  and  whitewashed 
when  finished.  The  rafters  and  joists  were  of 
rou^-h  timber,  with  the  bark  simply  peeled  off, 
and  placed  in  the  required  |)nsition.  The 
thatch  was  uf  rushes  or  chapparal  fastened 
do\\-u  with  thoui^-s  of  bullocks'  hide.  When 
completed  these  dwellings  were  capable  of 
standin>;-  the  JM-unt  and  wear  and  tear  of 
many  decades,  as  can  lie  evidenced  by  the 
number  now  standing-  in  the  Valley.  The 
furniture  consisted  of  a  few  cooking  utensils, 
a  rude  bench  or  two,  sometimes  a  table  and 
the  never-failing  camphor-wood  trunk.  This 
trunk,  or  chest,  contained  the  extra  clothes 
of  the  women — the  men  w'(->re  theirs  on  their 
backs — and  if  a  visit  abroad  of  more  than  a 
few  days'  duration  was  made  the  box  was 
taken  along.  The  women  were  cleanly  in 
their  persons  and  clothing,  the  common  dress 
being-  a  calico  gown  of  plain  colors,  blue 
grounds  with  small  figures  being  those  most 
fancied.  The  fashionable  ball  dress  of  the 
young  lady  was  a  scarlet  flannel  petticoat 
covered  ^\-lth  a  white  la\vn  skirt.  Ijonnets 
there  were  none,  the  head-dress  consisting  of 
a  long,  narrow  shawl  or  scarf. 

The  dress  of  the  men  was  a  cotton  shirt, 
cotton  drawers,  calzonazos,  sash,  serape  and 
hat.  The  calzonazos  took  the  place  of  panta- 
loons, but  differed  from  these  by  being  open 
down  the  side,  or  rather  the  seams  on  the 
sides  were  not  sewed  up  as  in  pantaloons  but 
\vere  laced  together  from  the  waist  band  to 
the  hips  b}-  means  of  a  ribbon  run  through 
eyelets  and  fastened  with  large  silver  bell-but- 
tons. In  wearing  them  they  were  left  open 
from  the  knee  down.  The  best  of  these  gar- 
ments were  made  of  broadcloth,  the  inside 
and  (jutside  seams  being  faced  with  cotton 
velvet.  The  serape  was  a  blanket  with  a  hole 
through  its  center,  through  which  the  head 
was  inserted.  These  cloaks  were  invariably 
of  brilliant  colors  and  varied  in  price  from 
four  to  one  hundred  and  fifty  dollars.  The 
calzonazos  were  held  in  place  by  a  pink  sash 
worn  around  the  waist;  vdiile  the  serape 
served  as  a  coat  by  day  and  a  ccjvering  by 
night. 

The  courtship  of  these  people  was  peculiar. 
No  flirting  or  love-making  was  permitted. 
A\'hen  a  young  man  of  marriageable  age  saw  a 
girl  that  suited  his  eye,  he  had  first  to  make 
his  wnshes  known  to  his  own  father,  in  wdiose 
house  the  eligibility  of  the  selected  one  was 
gravely  discussed.  If  the  son's  wish  was  re- 
o-arded'  with  favor,  the  father  addressed  a 
letter  to  the  father  of  the  girl  asking  for  his 
daughter  in  marriage  for  his  son.     The  matter 


was  then  freely  discussed  between  the  parents 
of  the  girl  and  if  an  adverse  decision  was  ar- 
rived at,  the  father  of  the  young  man  was  by 
letter  so  informed  and  the  matter  was  at  an 
end.  lint  if  the  decision  of  the  jiarents  was 
fav(jral:)le  to  the  young  man  then  the  girl's  in- 
clinations were  consulted  and  her  decisi(jn,  if 
favorable,  was  communicated  in  the  same 
manner  and  the  affair  of  the  engagement  be- 
came a  matter  of  public  notoriety.  The  girl 
might  then  visit  the  3'oung  man  to  be  re- 
ceived as  a  member  of  the  family,  and  when 
the  time  for  the  marriage  came  there  ensued 
feasting  and  dancing,  the  celeljratiini  continu- 
ing for  three  or  four  days.  When  there  was 
a  refusal  of  marriage  the  girl  was  said  to  have 
given  her  lover  the  pumpkin — se  dio  la  cabala. 

The  principal  articles  of  food  were  beef 
and  beans,  in  the  cooking  and  preparing  of 
\\-hich  they  were  unsurpassed,  though  they 
cultivated  to  a  certain  extent  maize,  melons 
and  pumpkins.  The  bread  used  was  the 
tortilla,  a  wafer  in  the  shape  of  Jewish  un- 
leavened bread,  made  generally  with  wdieat, 
but  sometimes  with  corn.  AVhen  prepared 
it  was  first  boiled  in  a  weak  lye  made  of  wood 
ashes  and  then  by  hand  ground  betw^een  two 
stones  into  a  paste.  This  process  completed, 
a  small  portion  of  the  dough  was  taken  out 
and  by  dexterous  throwing  from  the  back  of 
one  hand  to  the  back  of  the  other  the  shape 
was  formed.  Then  it  was  placed  upon  a  flat 
iri-)n  and  fiaked  over  the  fire. 

The  mill  in  which  the  grain  was  ground 
\\'as  made  of  two  stones  as  nearly  round  as 
possible,  of  about  thirty  inches  in  diameter, 
each  being  dressed  on  one  side  to  a  smooth 
surface.  One  was  set  upon  a  frame  about  two 
feet  high  with  the  smooth  face  upward  ;  the 
other  was  placed  on  this  with  the  even  facet 
downward  while  through  an  inch  hole  in  the 
center  the  wdieat  was  fed  by  hand.  Tw^o  holes 
drilled  partly  through  each  stone  admitted  an 
iron  bolt,  to  which  a  long  pole  was  attached. 
To  its  end  was  harnessed  a  horse,  mule  or 
donkey  and  the  animal  being  driven  around  in 
a  circle  caused  the  stone  to  revolve.  These 
mills  were  capable  of  grinding  a  bushel  of 
wheat  in  about  twelve  hours. 

The  vehicles  and  agricultural  implements 
were  quite  as  primitive,  the  cart  in  common 
use  being  formed  in  the  following  manner ; 
the  two  wd-ieels  were  sections  of  a  log  with  a 
hole  drilled  or  bored  in  the  center,  the  axle  a 
jxile  sharpened  at  each  end  for  spindles,  with 
a  pin  to  prevent  the  wheels  from  slipping  off. 
Another  pole  fastened  to  the  middle  of  the 
axle  served  as  a  tongue.  Upon  this  frame- 
work was  fastened  a  kind  of  wdeker-work 
framed  of  sticks  bound  together  with  strips  of 


40  HISTORY   OF   SANTA   CLARA   COUNTY 

hide.  The  Ijeasts  of  burden  were  oxen.  They  the  complaint.  This  lirought  about  a  wordy 
^vere  yol<ed  with  a  stick  across  the  forehead.  altercation  between  the  two  parties  during 
The  stick  ^vas  notched  and  crooked  so  as  to  wdiich  the  alcalde  was  able  to  arrive  at  the 
fit  the  head  closely  and  the  whole  was  tied  facts.  Sometimes  judgment  was  immediately 
with  rawhide.  The  plow  was  a  still  more  rendered,  the  trial  not  ocupying  more  than 
quaint  affair.  It  consisted  of  a  k)ng  piece  of  two  hours.  In  important  cases  three  "good 
timber  \vhich  ser\"ed  the  purpose  of  a  1)eam.  men"  would  be  called  in  to  act  as  co-justices. 
To  the  end  ^^'as  fastened  a  handle.  A  mortise  A  learned  .'\merican  judge  has  said  that  the 
was  next  chiseled  in  order  to  admit  the  plow  native  Californians  were,  in  the  presence  of 
which  ^\■as  a  short  stick  with  a  natural  crook,  courts,  eminently  truthful.  They  were  all 
with  a  small  piece  of  iron  fastened  to  the  end  Roman  Catholics,  and  their  priests  were  of 
of  it.  With  this  crude  implement  was  the  soil  the  Franciscan  order.  The)'  -were  great 
upturned,  \\diilc  the  branch  of  a  tree  ser\-ed  as  church-goers,  }-et  vSunday  ^\'as  not  the  rmh" 
a  harr<]\v.  There  ^^'ere  no  fences  to  protect  day  set  apart  for  their  devotions.  Nearh' 
the  crojis.  To  take  their  place  ditches  were  e\er3'  da\'  in  the  calendar  was  devoted  to  the 
dug,  the  top  of  the  soil  Ijeing  covered  with  memor}-  of  some  saint.  Those  dedicated  to 
branches  of  trees  to  keep  away  the  numerrjus  the  principal  ones  were  oliserved  as  holidavs. 
bands  of  cattle  and  horses.  When  the  crops  The  front  door  of  their  churches  was  always 
were  ripe  they  were  cut  with  a  sickle  or  any  o])en  and  every  person  passing,  whether  on 
other  convenient  utensil.  Next  came  the  foot  or  on  horseback,  doffed  his  hat.  Not  tf) 
threshing.  The  floor  of  the  corral  in  which  have  done  this  was  regarded  as  almost  a 
the  cattle  and  horses  were  ]-)enned  had  Ijccome  crime,  louring  the  holding  of  services  with- 
hardened.  Into  this  enclosure  the  grain  in  the  church  it  \\-as  customary  to  station  a 
would  be  pileil  and  uiion  it  the  mares  would  1)e  number  of  men  without,  who  at  appointed  in- 
turned  loose  to  tramp  out  the  seed.  The  tervals  interrupted  the  services  bv  the  ringing 
wildest  of  these  animals,  many  of  them  colts  of  Ixdls  and  firing  (jf  pistols,  creating  a  noise 
that  had  neyef  been  liranded',  n-riuld  tackle  resembling  the  irregular  fire  of  a  company  of 
the  grain.     The>"  were  urged   to  the   work  In-  infantr\'. 

the^  yelling  of  vaqueros  and  the  cracking  of  j„  ^,;.^.,,.  ^,,,„,^,,^  ,,^.,,^  ^  ^  ^  number  of  pic- 
whips  untd  nothmg  was  left  but  the  gram  and  ^„,,,  ,,f  ^j,^,  .^^j^^,  _,^,,,i  ^  triumphal  arch  pro- 
the  chart.  The  difficult  part  was  the  separat  f^,,^,i,-  decorate<l  with  artificial  flowers,  while 
'.■^S'  °^  t^^^  ^"'"-  '-'"''"■-  \"  *c  length  of  the  „„  a'holidav  devoted  lo  some  particular  saint, 
dry  season  there  was  no  haste  to  ettect  this.  .,ft,.,  ^he  performance  of  the  mass,  a  picture 
^^'^^e\"r<^^y^^<^nthe-.v,m\v.-a^h^i^h,n,,ui^hUie  ,,f  ^h,,  s.anit  deposited  in  the  arch  would  be 
tramp  ed  mass  would  be  tossed  int,,  the  a,r  ,.,,r„.d  out  of  the  church  on  the  shoulders  of 
with  large  wooden  forks.  T  he  wind  would  f.,ur  men,  followed  bv  the  whole  congregation 
carrv  away  the  chaff  leaA.ng  the  heaNier  gram  „,  ,i,„,,,,^.  ^j^.  ^^.j^i^  ^-  j^..^^.^^  .^^  ^|^^  j^^^^,-  ,,_,,.^,. 
on  the  groun.l.^  AVith  a  favorable  breeze  sev-  j„  ,,,,„,,  'p,^^,  procession  wouul  march  all 
eral  bushels  ot  \N-heat  could  be  winnowed  m  around  town  and  at  every  few  rods  the  par- 
a  day.  Strange  as  it  may  aripear  it  is  claimed  ticipants  would  kneel  on  the  groun.l  while 
that  gram  so  sifted  was  much  cleaner  than  ,s  the  priest  rea.l  a  i^raver  or  pcrfr.rmed  s,)me 
the  wheat  ot  to.lay.  religious  ceremony.  After  the  circuit  of  the 
Early  Government  town  ha<I  been  made,  the  procession  returned 
The  government  of  the  native  Calif<,rnian  ^"  *'^^'  '^]''"-\  ^^''^.h  the  termination  of  these 
was  as 'primitive  as  the  ].cop]e.  There  were  ^-^■'-ei'T'iTc's  the  natives  gave  themselves  over 
neither  law  l.o.,ks  nor  lawA-ers,  wliile  laws  ^o  pleasure,  engaging  m  horse  racing,  cock- 
were  mo^tlv  to  be  f(.und  in 'the  traditions  ,;f  ^^^^''^^-  rt^'icing  and  other  forms  ot  merry- 
the  people.'  The  head  offfcer  in  each  village  '':^\'"'^-  -'^  lavonte  amusement  ot  these  fes- 
or  toxvn  Avas  the  alcalde,  m  whom  was  vested  !''"'''/^  "''''^  ^",\  th""ty  or  torty  men  on  horse- 
the  judical  function.  r)n  the  enactment  ..f  a  ^''"~~^']  .?^'"erally  two  and  sometimes  three  on 
new  law  a  manuscript  co].^-,  called  the  l)ando,  ''"^  '^"''"^V  Y''*''  ^''^"'  --"'^ars,  to  i.arade  the 
was  sent  around  bv  a  person  beating  a  snare  *"'''"■  ^''"""'  '^'"'"f.  ^;^Pering  and  kee]nng  time 
<lrum.  This  was  tlie  signal  for  the  assembling  ^"  the  music  which  was  accompanied  with 
of  the  people  at  the  alcalde's  office  where  the  ■■'"^•"■^-  J^'-'si'lences  an<l  places  of  business  were 
act  was  read  and  forthwith  had  the  force  of  ^'sited  and  it  wos  considered  no  breach  of 
law.  When  a  native  had  cause  for  acticju  'lecorum  for  the  mounted  men  to  ride  into 
against  another  he  went  to  the  alcalde,  stated  stores  and  dwellings. 

his  case  and  asked  that  the  delendant  be  sum-  Sr)me  rif  the  religious  ceremonies  \\'ere  ,gro- 

moned.      '  )n   making   his   ajipearance    the    de-  tesque    and    amusing,    the    personification    of 

fendant  was  asked  Avhat  he  had  to  say  about  "The   Wise    Men   of   the    East"   being  of   this 


HISTORY   OF   SANTA   CLARA   COLINTY 


41 


character.  At  tlic  date  ajjrced  upon  for  tlie  an- 
niversary of  the  visit  of  the  \Visc  Men  to  Beth- 
lehem, se\en  or  eij;ht  men  ^vollkl  be  found 
dressed  in  most  fantastic  st\les  and  on  their 
way  to  find  the  infant  Savior.  They  went 
from  house  to  house  and  were  always  accom- 
panied by  one  representing  the  devil  and 
garbed  like  a  Franciscan  friar.  He  carried  a 
rosary  of  beads  and  a  cross  and  a  long  rawhide 
whip  and  woe  to  the  man  who  came  within 
reach  of  that  whip — it  was  far  from  fun  for 
him  but  \ery  amusing  tt)  the  rest  of  the 
com])an)-.  The  chief  of  these  ceremonies  was 
the  punishment  of  Judas  for  the  betrayal  of 
his  blaster.  On  the  reputed  anniversary  of 
this  e\ent,  after  the  people  had  retired  to  rest 
a  companv  would  go  out  and  prepare  for  the 
ceremonies.  ..V  cart  was  procured  and  placed 
in  the  puldic  square  in  front  of  the  church. 
Against  the  cart  ^\•as  placed  an  efligy  of  Jiidas 
made  b\'  stufling  an  lAd  suit  of  clothes  ^\'ith 
straw.  The  houses  were  then  visited  and  a 
collection  of  pots,  pans,  kettles,  dishes  and 
farming  implem'ents  was  assembled  and  piled 
around  the  effig}'  to  represent  Judas'  worldly 
effects.  Then  the  last  will  and  testament  of 
Judas  had  to  he  prepared,  the  work  being 
gi\-en  to  the  l)est  scril)e  and  the  greatest  wit 
in  the  community.  FA'ery  article  of  property 
had  to  be  disposed  of  and  sometjiing  like  an 
equal  distribution  made,  each  request  being 
accompanied  by  some  very  pointed  and  witty 
reason  for  the  donation.  Among  a  more  sen- 
siti\-e  ])eople  some  of  these  reasons  would  be 
regarded  as  libelous.  The  will,  ^^■hen  com- 
pleted and  properl}-  attested,  was  posted  on 
a  bulletin  board  near  the  effigy  and  the  night's 
\\-ork  was  over.  As  soon  as  it  was  sufliciently 
light  the  entire  population,  men,  women  and 
children,  congregated  to  see  Judas  and 'his 
^vealth  and  to  hear,  read  and  discuss  the 
merits  of  the  will  and  the  appropriateness  of 
its  pro\-isions.  Nothing  else  was  talked  of, 
nothing  else  was  thought  of  until  the  church 
bell  summoned  them  to  mass,  after  which  a 
wild,  un1)roken  mare  was  procured,  on  the 
back  of  which  Judas  was  firmly  strapped.  A 
string  of  firecrackers  was  then  tied  to  her 
tail,  they  were  lighted,  the  animal  \vas  turned 
loose  and  the  ultimate  fate  of  the  figurative 
Judas  was  not  unlike  that  of  his  perfidious 
prototype. 

The  native  Californians  were  a  temperate 
people,  intr)xication  lieing  almost  unknown, 
Init  there  was  one  vice  common  to  all,  namely 
the  passion  of  gaml:)ling.  Their  favorite  game 
was  monte,  probably  the  first  of  all  banking 
games.  So  passionately  were  they  addicted  to 
this  that  on  a  Sunday  about  the  church,  while 
the  women  were  inside  and  the  priest  at  the 


altar,  crowds  of  men  woidd  have  their  blan- 
kets spread  upon  the  ground  witli  their  cards 
and  mone\',  ])laying  monte.  They  seemed  to 
ha\e  no  idea  that  gambling  \\as  a  sin.  This 
predilection  was  earl\'  disco\ercd  liy  tlie 
Americans,  who  s(jon  established  Ijanks  and 
carried  on  games.  The  passion  soon  became 
so  de\'elo|>e<l  that  the  natixes  wouhl  bet  and 
lose  their  horses  and  cattle,  wdiile  to  ])rocure 
monev  to  gratifx'  this  urge  the}'  \\-oulil  bor- 
row from  the  Americans,  paying  tweUe  and 
one  half  per  cent  interest  per  day;  and  they 
Avould  mortgage  and  sell  land  and  stock, 
sometimes  their  wi\'es'  chithing,  to  ol)tain  the 
wdierewithal  to  play. 

Before  lea\ing  these  jieople  mention  should 
be  made  of  their  bull  and  bear  fights.  Sunday 
or  some  prominent  holiday  A\'as  generally 
chosen  for  the  holding  of  these  e-xhi]jiti(jns, 
to  prepare  for  wdiich  a  large  corral  was  erect- 
ed in  the  plaza  in  frfmt  of  the  church.  In  the 
afternoon  after  divine  service,  twri  or  three 
good  bulls  (if  a  bull  fight  was  in  order) 
would  be  caught  and  drixen  into  the  enclos- 
lu'e.  If  there  is  anything  that  will  make  a  1)ull 
furious  it  is  the  sight  of  a  red  blanket.  Sur- 
rounded hv  the  entire  po]")ulation,  the  fighters 
\\-ould  enter  the  arena,  each  with  a  red  blan- 
ket in  one  hand  and  a  knife  in  the  other.  They 
would  flaunt  the  blankets  before  the  infuriat- 
ed beasts,  with  knives  ready  for  defense  or  as- 
sault. A  bull  would  dash  at  its  eneni}-,  wdio 
\\'ith  a  dexterous  side  spring  would  eva<le  the 
onslaught,  allowing  the  animal  to  strike  the 
Idanket  and  permit  a  quick  slasli  with  the 
knife.  Whoexer  by  his  quickness  could  stick 
a  knife  into  a  Ijull's  neck,  severing  the  spinal 
cord,  receix-ed  the  plaudits  of  the  admiring 
throng.  The  interest  taken  in  these  exhibi- 
tions was  intense.  The  killing  or  wounding 
rif  a  bull-fighter  only  added  zest  to  the  sport. 

AMien  a  grizzly  bear  could  be  procured  the 
fight  Avas  then  between  bull  and  l3ear.  Both 
were  taken  into  the  corral,  each  being  made 
fast  to  the  opposite  end  of  a  rope  of  sufficient 
length  to  ]")ermit  free  action  and  then  left 
alone.  The  first  move  xvas  usuall}'  made  by 
the  bull  in  an  attempt  to  part  company  with 
the  bear,  A\dio,  as  a  result,  received  the  first 
"knock  down."  On  finding  that  he  cr.uld  not 
get  clear  of  bruin,  the  bull  then  charged,  but 
was  met  half-waA'.  The  fight  was  intensely 
interesting  to  the  spectators,  and  was  keot 
U]1  until  one  or  the  other  was  killed,  or  both 
refused  to  continue  the  combat.  As  a  rule 
the  bull  was  victorious.  This  custom  of  bull 
and  bear  fighting  was  continued  until  1854 
when  the  Legislature  interposed  by  an  "Act 
to  prevent  noisy  and  barbarous  amusements 
(tn  the  Sabbath." 


42 


HISTORY   OF   SANTA   CLARA   COUNTY 


The  late  Judge  R.  F.  Peckham,  one  of  the 
pioneer  lawyers  of  Santa  Clara  County,  often 
narrated   the   following  incident   m  regard   to 
this  Legislative  act.     Shortly  after  it  1:)ecame 
a  law  great  preparations  were  made  for  having 
a  bull-fight,  on  the  Sabbath  as  usual,  at  the  old 
Mission  of  v^an  Juan  Bautista  at  the  southern 
end  of  the  Santa  Clara  Vallev.     The  ])romot- 
ers  were   notified   by  the  officers  of  the  exis- 
tence of  the  new  law  and  told  that  they  must 
desist  from  the  undertaking.     Dr.  Wiggins,  a 
mission  pioneer  i.A  1842,  was  then  residing  at 
San    Juan.      He    spoke    Spanish    fluently    and 
was  looked  upon  by  the  native  Californians  as 
a  good  friend.     Pie  never  smiled  nor  appeared 
to  jest,  yet  he  Avas  one  of  the  greatest  of  the 
tale-tellers,  jokers  and  punsters  on  the  Pacific 
slojie.     In  their  perplexity  over  the  new  law, 
the  Californians  took  counsel  with  the  Doctor. 
He   examined  the   title   of  the  act  with  great 
serir)usness   and   wisdom.      "Go   on   with   your 
fight,"  v\as  the  Doctor's  advice,  "they  can  do 
nothing  with  you.     This  is  an  Act  to  prevent 
noisy  and  barbarous  amusements  on  the  Sab- 
bath.     If  they  arrest  3'ou  there  will  be  a  trial 
by  jury  of  Americans.     To  convict,   the  ])ro- 
secution   must   find   three   things,    first   that  a 
bull  fight  is  noisy.     This  they  will  find  against 
3'uu.     Second,  that  it  is  barbarous.     This  also 
they  will  find  against  you,   but  an  American 
jury  will  never  find  that  it  is  an  amusement 
of     Christ's    time.      Go    on    with     your     bull 
fights."      They   did   go   on   and   were   arrested 
to    find    that    the    Doctor    had    been    jesting. 
They  were  sentenced,  each  to  pay  a  fine,  and 
this   was    the   last   of   the   bull-fights   in   Cali- 
fornia. 

First  American   Settlers 

The  first  enumeration  of  the  inhabitants  of 
the  pueblo  of  San  Jose  was  taken  in  1831  and 
showed  166  men,  145  women,  103  boys  and 
110  girls,  making  a  total  of  524.  Overland 
travel  to  California  did  not  commence  until 
the  forties.  The  first  foreigner  to  locate  in 
this  valley  was  John  Gilroy,  who  was  a  sailor 
on  board  a  vessel  belonging  to  the  Hudson 
Bay  Company  that  touched  at  Monterey  in 
1814.  He  was  a  Scotchman  and  the  causes  for 
his  abandoning  his  ship  are  differently  stated. 
One  report  \^•as  that  he  had  a  quarrel  with 
one  of  the  officers  and  deserted,  while  it  is  just 
as  positively  stated  that  he  had  a  severe  attack 
of  scurvy  and  was  left  on  shore  to  be  cured. 
However  that  nright  ha\'e  been  it  is  well 
authenticated  that  in  the  same  year,  he  toimd 
his  way  into  the  Santa  Clara  Valley,  locating 
at  San  Ysidro,  afterward  named  Gilroy.  He 
was  hospitably  entertained  and  finally  married 
into  the  wealthv  familv  of  the  (?)rtegas.     He 


was  a  man  of  great  force  of  character  and 
accumulated  a  large  propert}^  in  lands  and 
cattle  but  died  poor  in  1869. 

In  1818  there  came  to  San  Jose  a  man 
whose  name  is  historic  in  this  community, 
Don  Antonio  Sunol.  He  was  a  native  of  Bar- 
celona, Spain,  but  had  served  in  the  French 
navv  under  the  First  Empire.  He  was  an 
officer  of  distinction  and  was  present  when 
Najioleon  surrendered  after  Waterloo.  He 
then  sought  the  New  World  and  settled  in 
Santa  Clara  Valley  where  Ire  achieved  dis- 
tinction, wealth  and  respect.  He  died  in  San 
Jose  in  1865. 

The  first  citizen  of  the  United  States  to  set- 
tle in  Santa  Clara  Valley  was  Philip  Doak. 
He  was  a  block  and  tackle  maker  employed  on 
a  Avhaling  vessel.  Leaving  salt  water  at 
Monterev  in  1822  he  journeyed  northward  to 
settle  near  Gilroy.  Flis  home  was  on  the 
ranch  of  Mariano  Castro,  one  of  whose 
daughters  he  afterward  married.  Matthew 
Fclldin  came  to  the  valley  the  same  year  and 
located  near  San  Ysidro,  or  old  Gilroy  as  it 
\\-as  afterward  called.  Fellom  was  a  Dane  and 
like  Doak  was  a  whaler.  He  left  his  vessel  at 
one  of  the  northern  ports  and  made  his  way 
()\-erland  tri  the  Santa  Clara  Vallev.  He  died 
in    1873. 

These  are  the  only  foreigners,  of  wdiich 
there  is  record,  who  were  living  in  the  valley 
up  to  1830,  if  William  AVillis,  an  Englishman, 
is  excepted.  Lie  was  known  to  be  in  the 
pueblo  in  1828,  but  his  subsequent  history  is 
not  known.  It  has  been  estimated  that  in 
1830  there  were  not  more  than  100  foreigners 
in  the  Avdiole  of  California.  John  Burton  came 
to  San  Jose  in  1830.  Lie  was  afterward  al- 
calde (if  the  pueblo.  Harry  Bee,  who  died  in 
San^Jose  in  1897  as  the  oldest  pioneer  in  the 
county,  came  to  the  Valley  in  1833.  He  had 
been  in  the  state  seven  years,  having  landed 
at  Monterey  as  an  English  sailor  in  1827.  He 
was  1)orn  in  1808  and  during  the  Mexican 
War  acted  as  scout  and  courier  for  Commo- 
dore Sloat.  In  the  same  year  came  William 
Gulnac,  James  Alexander  Forbes,  James 
Weekes,  Nicolas  Dodero,  John  Price,  William 
vSmith,  George  Ferguson,  Thomas  Pepper,  a 
man  called  "Blind  Tom,"  William  Welsh, 
Charles  Brown  and  "Moche  Dan."  Thomas 
Ilrown  and  V'illiam  Daily  came  in  I834.  Of 
these  several  were  prominent  either  in  the 
early  days  or  in  the  later  history  of  California, 
(rulnac  was  for  many  years  major  domo  at  the 
Mission  of  vSan  Jose  in  yVlameda  County.  He 
married  a  daughter  of  the  Cesenas.  Forbes 
was  vice-consul  for  Great  Britain.  Weekes 
served  as  Alcalde  in  1847.  In  1838  Henry 
Woods   and   Lawrence   Carinichael   arrived. 


11IST()R\'   ()K   SANTA   CF.ARA   COUN'iA' 


43 


These  people  all  eaiiie  by  vessel  and  chance 
ileeidecl  tlieir  location.  The)'  affiliated  with  the 
Spanish   population,   in  inan\-   cases   marrying 
inti_i  their  laniilies,  and  adopting,  to  a  great  ex- 
tent, the  Spanish  customs  and  modes  of  living. 
0\-erland  tra\el  commenced  about  1841.    Even 
before  this  time  settlements  had  been  made  in 
Oregon,    and    that   country   was    much   better 
known  than  California.     I'or  this  reason,  and 
because  California  was  a  foreign  countr)-,  all 
the  overland   trains   were  pointed   to   Oregon. 
Some  of  these  trams  having  reached  the  Sier- 
ras and  hearing  something  of  California,  came 
here  instead.      In  1S41   Josiah  Belden,  Charles 
}i[.  AA'eber  and  Grove  C.  Cook  came  overland, 
as   did   Henry   Pitts,   Peter   Springer,   William 
AA'iggins  and  James  Rock.    In  1843  Major  S.  J. 
Hensley,   Julius    Martin,   Thr)mas   J.    Shadden 
and  A\'inston  llennett  made  the  trip  across  the 
jilains.     The  advent  of  this  party  was  an  im- 
portant incident,  as  with  it  came  three  women, 
wives   of    Martin,    Shadden   and    Bennett,    the 
tirst  foreign  women  to  settle  in  this  district. 
In  1844  came  the  Murph}^  party  and  Captain 
Stephens.     The    ^Murphy    party    consisted    of 
}>Iartin   Murph}-,   Sr.,   his  wife,   five   sons   and 
two   daughters ;   James   Miller,   afterwards   an 
honored  resident  of  IMarin  County ;  Dr.  John 
Townsend    and    wife,    Moses    Schallenberger, 
father  of  Margaret  Schallenberger  McNaught, 
now    State    Commissioner    of    Education ;    Jo- 
seph    Foster,     Mr.     Hitchcock     and     family ; 
Thomas     Hudson,     Clemente     Columbet    and 
Alartin  Corcoran.     Dr.  Townsend  and  his  wife 
died  of  cholera  in  1850;  and  Martin  Murphy, 
Sr.,   passed   a\^-ay   in     1865.      In     1845     Erank 
Lightston,   J.   "W'ashburn,   William   O'Connor, 
W.    C.   Wilson,   John   Daubenbiss   and  James 
Stokes  came  to  the  county.     In   1846  the  ar- 
rivals were  Isaac  Branham,  Jacob  D.  Hoppe, 
Charles  White,  Joseph  Aram,  Zachariah  Jones, 
James  E.   Reed,   George  Donner  and  his  two 
sisters :    Arthur    Caldwell,     William     Daniels, 
Samuel  Young,  A.  A.  Hecox,  William  Haun, 
William  Eisher,   Edward  Pyle  and  their  fam- 
ilies; Wesley  Hoover  and  John  W.  Whisman 
and    wives ;   William    and    Thomas    Campbell 
and  their  families;  Peter  Quincy  and  family; 
Thomas   Kell,  Thomas   West  and  four  sons; 
John  Snyder,  S.  R.  Moultrie,  William  J.  Parr, 
Joseph  A.   Lard,  Mrs.  W.   H.  Lowe,  Mrs.   E. 
Markham,  L.  C.  Young,  R.  J.  Young,  M.  D. 
Young,   S.   C.   Young,   Samuel  O.   Broughton, 
R.   E.   Peckham,   Z.   Rochon,  Joseph   Stillwell, 
George   Cross,    Ramon   S.   Cesena,   M.   Hollo- 
way,  Edward  Johnson,  Mrs.  Martha  J.  Lewis 
and   James    Enright.      Of    course    there    were 
many  more  arrivals  but  their  names  cannot  be 
obtained   from   the   records   and   the   personal 
recollections   of   the   pioneers   who   are   living 
at  the  present  time. 


The  Donner  Party 

Nearh'  all  the  surviving  nieudiers  rjf  the 
ill-fated  Donner  jiart}-  located  in  San  Jrise  and 
vicinity.  The  terril)le  experiences  of  that 
])arty  are  given  in  Tuthill's  histor)'  of  Califor- 
nia, from  \\'hich  we  quote:  "<  )f  the  os'erland 
emigration  to  California  in  1846  about  eighty 
\\'agons  t(")ok  a  new  route,  from  Eort  Bridger 
around  the  south  end  of  Great  v^alt  Lake.  The 
pioneers  of  the  party  arrived  in  goorl  season 
over  the  mountains,  but  Mr.  Reed's  and  Mr. 
Donner's  companies  opened  a  new  route 
through  the  desert,  lost  a  month's  time  by 
their  explorations  and  reached  the  foot  of  the 
Truckee  Pass,  in  the  Sierras,  on  October  31, 
instead  of  the  first  as  intended.  The  snow  be- 
gan to  fall  two  or  three  weeks  earlier  than 
usual  that  year  and  was  already  so  piled  up 
in  the  pass  that  they  could  not  prriceed.  They 
attempted  it  repeatedly  but  were  as  often 
forced  to  return.  One  party  built  their  cab- 
ins near  Truckee,  afterward  Donner  Lake, 
killed  their  cattle  and  went  into  winter  C[uar- 
ters.  The  other  (Donner's  party),  still  be- 
lieved they  could  thread  the  pass  anrl  so  failed 
to  build  their  cabins  before  more  snow  came 
and  buried  their  cattle  alive.  Of  course  they 
\'\-ere  soon  destitute  of  food,  for  they  could  not 
tell  where  the  cattle  were  buried  and  there 
was  no  hope  of  game  on  a  desert  so  piled  with 
snow  that  nothing  without  wings  could  move. 
The  number  of  those  who  were  thus  storm- 
stayed  at  the  very  threshold  of  a  land  whose 
winters  are  one  long  spring,  was  eighty,  of 
whom  thirty  were  women  and  children.  The 
Mr.  Donner  who  had  charge  of  one  company 
was  a  native  of  Illinois,  sixty  3-ears  of  age  and 
a  man  of  high  respectability  and  abundant 
means.  His  wife  was  a  woman  of  education 
and  refinement  and  much  younger  than  he. 

"During  November  it  snowed  thirteen  days  ; 
during  December  and  January,  eight  days 
each.  Much  of  the  time  the  tops  of  the  cab- 
ins were  below  the  snow  level.  It  was  six 
weeks  after  the  halt  was  made  that  a  party  of 
fifteen,  including  five  women  and  two  Indians, 
who  acted  as  guides,  set  out  on  snow  shoes  to 
cross  the  mountains  and  give  notice  to  the 
people  of  California  settlements  of  the  condi- 
tion of  their  friends.  At  first  the  snow  was  so 
light  and  feathery  that  even  with  snow  shoes 
they  sank  nearly  a  foot  at  every  step.  On  the 
second  day  they  crossed  the  'divide,'  finding 
the  snow  at  the  summit  twelve  feet  deep. 
Pushing  forward  with  the  courage  of  despair 
they  made  from  four  to  eight  miles  a  day. 

"Within  a  week  they  were  entirely  out  of 
provisions,  and  three  of  them,  succumbing  to 
cold,  weariness  and  starvation,  had  died.  Then 
a   heavy   snow   storm   came    on    which    com- 


44 


HISTORY   OF   SANTA   CLARA   COUNTY 


pelled  them  to  lie  still,  iDuried  Iseneath  their 
blankets  under  the  snow  for  thirty-six  hours. 
Ry  evening  of  the  tenth  day  three  more  had 
(lied  and  the  living  had  been  four  days  with- 
out food.  The  horrid  alternative  was  accept- 
ed— they  took  flesh  from  the  bones  of  their 
dead,  remained  in  camp  two  days  to  dry  it  and 
then  pushed  on. 

"On  New  Year's,  the  sixteenth  day  since 
leaving  Truckee  Lake,  they  ^vere  toiling  up  a 
steep  mountain.  Their  feet  were  frozen. 
Every  step  was  marked  with  blood.  C)n  the 
second  of  January  their  food  again  gave  out. 
On  the  third  day  they  had  nothing  to  eat  but 
the  strings  of  their  snow  shoes.  On  the  fourth 
the  Indians  deserted,  suspicious  that  they 
might  lie  sacrificed  for  food.  On  the  fifth  one 
of  the  party  shot  a  deer  and  that  day  there  ^vas 
another  death.  Soon  after  three  others  died 
and  ever}'  death  served  to  ])rolong  the  exist- 
ence ("if  the  survivors.  (Jn  the  scN'enth  all  but 
one  gave  out,  concluding  that  their  wander- 
ings were  useless.  This  one,  guided  ]>y  tAvo 
friendl}-  Indians  dragged  himself  on  until  he 
reached  a  settlement  on  Bear  River,  By  mid- 
night the  settlers  had  found  and  were  treating 
with  all  Christian  kindness  wdiat  remained  of 
the  little  companv  that  after  a  month  C)f  most 
terrible  sufferings,  had  halted  to  die. 

"The  storv  that  tliere  were  emigrants  per-^ 
ishing  on  the  other  side  oi  the  snowy  barrier 
ran  s\\'iftlv  down  the  Sacramento  Valley  to 
New  Heh'etia,  and  Captain  Sutter,  at  his  own 
expense,  fitted  out  an  ex])editir)n  of  men  and 
of  mules  laden  AA'ith  pro\-isions.  to  cross  the 
mountains  and  rclie\'e  them.  The  storA*  ran 
to  San  Francisco  and  the  pco|)le,  rallying  in 
public  meeting,  raised  $1500  and  A\-ith  it 
fitted  out  another  expedition.  The  na\-ai 
commandant  of  the  i)ort  fitted  out  others. 

"The  first  of  the  relief  parties  reached 
Truckee  I^ake  on  the  nineteenth  of  February. 
Ten  of  the  people  in  the  nearest  camp  Avere 
dead.  For  four  da}'s  those  still  ali\'e  had  fed 
on  bullocks'  hides.  ,\t  Donner's  camp  juit  one 
hide  remained.  The  visitors  left  a  small  sup- 
ply of  ]jrovisions  with  the  t\vent}'-nine  \\'hom 
thev  could  not  take  Avith  them  and  started 
back  A\ith  the  remainder.  Four  of  the  chil- 
dren they  carried  on  their  liacks. 

"Another  of  the  relief  parties  reached  the 
lake  about  the  first  of  IMarch.  They  at  once 
started  back  A\"ith  seventeen  of  the  sufferers, 
Ijut  a  hea\  }-  snow  storm  o\"ertaking  them,  they 
left  all,  except  three  of  the  children,  on  the 
road.  Another  part}'  went  after  those  left  on 
the  wav,  found  three  of  them  dead  and  the  rest 
sustaining  life  by  eating  the  flesh  of  the  dead. 

"The  last  relief  jiarty  reached  Donner's 
camp  late  in  April  when  the  snows  had  melted 


so  much  that  the  earth  appeared  in  spots.  The 
main  calkin  was  empty,  but  some  miles  distant 
thcA'  found  the  last  survivor  of  all  lying  on  the 
cabin  floor  smoking  a  pipe.  He  was  ferocious 
in  aspect,  savage  and  repulsive  in  manner.  His 
camp  kettle  was  over  the  fire  and  in  it  his  meal 
of  human  flesh  preparing.  The  stripped  bones 
of  his  fellow  suft'erers  lay  around  him.  He  re- 
fused to  return  with  the  party  and  only  con- 
sented A\'hen  he  saw  there  was  no  escape.  Mrs. 
Jacob  F)onner  was  the  last  to  die.  Her  hus- 
Ijand's  body  \A'as  found  at  his  tent.  Circum- 
stances led  to  the  suspicion  that  the  survivor 
had  killed  ?ilrs.  Donner  for  the  flesh  and 
money,  and  A\dien  he  was  threatened  with 
hanging  he  produced  $500,  Ax-hich  he  had  prob- 
ably appropriated  from  her  store." 

ManA'  books  have  lieen  Avritten  on  the  sub- 
ject, no  two  giving  the  same  facts.  (3ne  of  the 
most  interestuTg  accounts  is  that  of  James  F. 
Reed,  who  for  years  Avas  one  of  the  prominent 
and  ref)Utable  citizens  of  San  Jose.  He  left 
S]">ringfield,  111.,  in  the  middle  of  18-1-6  and  Avas 
accompanied  b}'  Cjcorge  and  Jacofi  Donner  and 
their  families.  Ceorge  Dcmner  Avas  elected 
captain.  .Vt  Fort  Bridger,  AA'illiam  ]\IcCutch- 
en,  Avife  and  family  joined  the  party.  I^eaA'ing 
the  fort  they  unfortunately  took  a  ncA\' 
route,  and  had  many  A'icissitudes,  not  the  least 
lieing  the  loss  of  cattle.  ( )ther  A\-ould-be  set- 
tlers joined  them  lieforc  they  reached  Cali- 
fornia. The  narrati\"e  noAv  continues  in  !Mr. 
Reed's  OA\-n  Avords  : 

"After  crossing  the  desert  it  became  known 
that  Some  families  had  not  entiugh  proA'isions 
to  carr_A'  them  through.  As  a  memlier  of  the 
coni])a!iA'  I  adA'ised  them  to  make  an  estimate 
of  the  ],iroA'isions  on  hand  and  Avhat  amount 
each  tamily  AA'ould  need.  After  receiAung  the 
estimate  I  then  suggested  that  if  two  gentle- 
men of  the  company  Avould  A'oluntecr  to  go  in 
adA'ance  to  vSutter's  Fort,  near  Sacramento,  I 
Ax'ould  Avrite  a  letter  to  the  ca|)tain  for  the 
Avhole  amount  of  provisions  Avanted,  also  stat- 
ing that  I  Ax'ould  Ijccome  personally  responsi- 
lile  to  him  for  the  amount.  I  thought  that 
from  the  generous  character  of  Captain  Sutter 
the  provisions  Avould  he  sent.  ]\Ir.  McCutch- 
en  came  forward  and  said  that  if  thev  Avonld 
take  c'are  ijf  his  familA'  he  Avould  go.  This  the 
compauA'  agreed  to.  Mr,  Stanton,  a  single 
man,  A'olunteered  to  go  AA'ith  McCutchen  if 
they  Avould  furnish  him  Avith  a  horse.  Mc- 
Cutchen, having  a  horse  and  mule,  generous- 
ly gave  the  mule.  Taking  blankets  and  pro- 
A  isions,  the  two  men  started  for  California. 
After  their  leaving  us  Ave  traveled  for  Aveeks, 
none  of  us  knowing  how  far  Ave  Avcre  from 
California  and  soon  all  ftecame  anxious  to 
know   Avhat   had    become    of    McCutchen    and 


■|11ST(^RY  OF  SANTy\  CI.ARA  COUNTY 


45 


Stanton.     It  was  now  snggcsted  that  I  go  in 
advance  to  California  and  hurrv  np   the  sup- 
plies.    This  \\-as  agreed  to  and    1  started,  tak- 
ings -with  me  three  days'  provisious,  expecting 
to  kill  game  on  the  way.     The  Messrs.  Don- 
ner   were    two   da)s   in   aih'ance   of   the   party 
when  I  oN-ertook  them.     With  George  Donner 
there  \\'as  a  young  man  named  Walter  Her- 
ren,  who  joined  me.     With  all  the  economy  I 
could   use  our   provisions   gave   out  in  a  few 
da)'s,  so  I  supplied  our  ^^■ants  by  shooting  wild 
geese  and  other  game.     The  day  after   I  was 
joined  by  Herren  I  proposed,  as  I  had  the  only 
horse,  that  he  would  ride  half  the  time.     The 
proposition   was   joj'fully   accepted.      Soon   no 
game  was  to  be  seen,  hunger  l)egan  to  be  felt 
and  for  days  W'e  traveled  without  hope  or  help. 
A\'e  reached  the  Sierra  Nevada  Mountains.     I 
lielieved  I  could  have  made  a  stop  here,  hunted 
and  found  game.     But  as  this  would  have  de- 
laved  our  progress  and  success  might  not  have 
rewarded  my  hunting  efforts,  I  kept  on.     The 
second    dav    before    we    found    relief    Harren 
wanted    to   kill   the    horse.      I   persuaded   him 
from  the  deed,  promising  if  relief  did  not  come 
soon    I    A\-oul(l    kill    the    horse    myself.     Soon 
afterward  he  became  delirious.  That  afternoon 
I  found  a  1)ean  and  gave  it  to  him  and  then 
never   was   road   examined  more  closel}^  than 
this  one.     We  found  in  all  five  beans.     Her- 
ren's  share  was  three   of  them.      We   camped 
that  night  in  a  patch  of  grass  a  short  distance 
off  the  road.     Next  morning  after  traveling  a 
few  miles  we  saw  some  deserted  wagons. 

"We  soon  reached  and  ransacked  the  wag- 
ons, hoping  to  find  something  to  eat,  but  found 
nothing.  Taking  the  tar  bucket  that  was 
hanging  under  one  of  the  wagons  I  scraped 
the  tar'oft'  and  found  a  streak  of  rancid  tallow 
at  the  bottom.  I  remember  well  that  when  i 
announced  Avhat  I  had  found,  Herren,  who 
was  sitting  on  a  rock  near  by,  got  up  halloo- 
ing with  all  the  strength  he  had  and  came  to 
me.  I  handed  the  tar  paddle  to  him.  It  had 
on  it  some  of  the  tallow  about  the  size  of  a 
walnut.  This  he  swallowed  without  giving  it 
a  smell.  I  then  took  a  piece  myself  but  it 
w-as  very  respulsive.  Herren  craved  more  and 
I  gave  him  another  piece.  Still  wanting  more, 
I  positively  refused,  stating  that  it  would  kill 
him.  After  leaving  the  w^agons,  probably  fifty 
yards,  I  became  deadly  sick  and  blind.  In 
resting  myself  against  a  rock  I  leaned  my 
head  on  the  muzzle  of  my  gun.  Herren, 
seeing  my  condition  came  to  me  and  said,  'My 
God,  Mr.  Reed,  are  you  dying?'  After  resting 
a  few  minutes  I  recovered,  much  to  his  joy. 

"The  wagons  were  within  a  short  distance 
of  the  steep  hill  going  down  into  Bear  Valley. 
After   descending  the   first  steep  pitch  I   dis- 


covered wagons  in  the  valley  below  us.  Tler- 
ren,'  said  1,  'there  are  wagons  in  the  valley.' 
When  he  saw  them  he  gave  vent  to  his  joy, 
hallooing  at  the  top  of  his  voice,  but  on  ac- 
count of  \s'eakness  he  could  not  have  been 
heard  ten  rods  off.  On  reaching  the  wagons 
we  found  several  families  of  emigrants  wdio 
supplied  us  with  ])read.  I  here  met  Mr.  Stan- 
ton, with  two  Indians,  on  his  return  to  the 
company  with  provisions  supplied  by  Captain 
Sutter.  Next  morning  Stanton  started  for  the 
company  and  I  went  on  to  Sutter's  Fort." 

At  the  Fort  Reed  found  McCutchen,  who 
had  been  prevented  by  illness  from  accom- 
pan3ang  Stanton.  Captain  vSutter  furnished 
horses  and  saddles  with  ^\duch  to  bring  the 
women  and  children  out  of  the  mountains. 
The  expedition  failed  on  account  of  the  snow 
which  at  some  points  was  eighteen  feet  deep. 
The  part}^  returned  for  more  help,  l)ut,  unfor- 
tunatel)s  the  Mexican  war  was  on  and  every 
able-bodied  man  was  away.  At  Captain  Sut- 
ter's suggestion  Mr.  Reed  went  to  San  Fran- 
cisco to  see  if  he  could  not  procure  help  there. 
He  was  compelled  to  make  the  journey  by 
land  and  reached  San  Jose  when  it  Avas  in  a 
state  of  siege.  Arrived  at  San  Francisco,  a 
public  meeting  AA'as  held  and  relief  parties  fit- 
ted out.  Mr.  Reed  and  Mr.  McCutchen  ac- 
companied the  first  of  these,  which  went  by 
the  river.  On  the  route  he  met  his  Avife  and 
children  rescued  by  a  relief  part)^  that  had 
gone  ahead  of  them.  He  only  stopped  a  few 
minutes  for  greetings  and  then  pushed  on  to 
the  relief  of  the  other  sufferers  whom  they 
reached  about  the  middle  of  the  next  day. 

The  first  camp  was  that  of  Mr.  Breen.  Mr. 
Reed  says :  "If  we  left  anj^  provisions  here  it 
was  a  small  amount,  he  and  his  family  not  be- 
ing in  want.  We  then  proceeded  to  the  camp 
of  Mrs.  Murph}',  Avhere  Kessburg  and  some 
children  were.  Here  we  left  provisions  and 
one  of  our  compan}'  to  cook  for  and  attend  to 
them.  From  here  we  visited  the  camp  of  Mrs. 
Graves,  some  distance  further  east.  A  num- 
ber of  the  relief  party  remained  here,  while 
Messrs.  Miller,  McCutchen,  another  and  my- 
self proceeded  to  the  Donner  camp.  AVe 
found  Mrs.  Jacob  Donner  in  a  feeble  condi- 
tion. She  died  after  we  left.  Her  husband 
had  died  early  in  the  winter.  We  removed 
the  tent  and  placed  it  in  a  more  comfortable 
position.  I  then  visited  the  tent  of  George 
Donner  close  by  and  found  him  and  his  wife. 
He  was  helpless.  Their  children  and  two  ot 
Jacob's  had  come  out  with  the  party  that  went 
ahead  of  us.  I  requested  Mrs.  Donner  to  come 
with  us,  stating  that  I  would  leave  a  man  to 
take  care  of  both  George  Donner  and  Mrs. 
Jacob    Donner.      She    positively    refused,    de- 


46 


HISTORY   OF   SANTA   CLARA   COUNTY 


daring  that  she  Avoiild  not  leave  her  husliand 
in  his  enleel")le(l  cundition. 

"We  tciok  the  remaininq-  three  children  of 
Jacob  Donner,  lea\-ino-  a  man  to  take  care  of 
the  t\YO  camps.  Leaving  all  the  pro\'isions  we 
could  spare  and  expecting  a  jjart}'  from  Sut- 
ter's Fcirt  \vould  he  in  in  a  few  days,  Ave  re- 
turned tC)  the  camp  lA  I\L's.  Graves.  Notice 
was  given  in  all  the  camps  that  A\'e  would  start 
on  our  return  to  Sutter's  earh^  next  day.  About 
the  middle  of  the  day  we  started,  taking  with 
us  all  who  Avere  able  to  travel." 


The  relief  party  that  came  after  iVIr.  Reed 
did  not  reach  the  sufferers  as  soon  as  expected 
and  disasters  occurred.  The  full  details  of  the 
suft'ering  of  the  unfortunate  party  would  fill  a 
Ijook.  Each  of  the  relief  parties,  especial!}- 
that  conducted  Ijy  Mr.  Reed  endured  suff'er- 
ings  ecjual  to  those  exj^erienced  by  the  unfor- 
tunates in  the  A\-inter  camp.  Llistory  has  nri 
parallel  to  the  heroism  displayed  by  these  peo- 
ple in  their  eftVirts  to  rescue  suffering  relatives 
and  friends. 


CHAPTER   II. 


Santa  Clara  County  During  the  Mexican  Rule — The  Adventures  of  Captain 
Fremont — Don  Mariano  Guadalupe  'Vallejo— Raising  the  Bear  Flag — 
■War  "With  Mexico  Declared — The  Capture  of  San  Jose — Reminiscences 
of  the  Strenuous  Days  of  1849 — The  Discovery  of  Gold — Killing  of  Young 
Pyle Local  Government — Grandma  Bascom's  Story. 


In  1836  a  revolution  broke  out  in  jMexico 
but  it  did  not  extend  to  California,  though  a 
few  of  the  Spanish  settlers  in  San  Jose  left  the 
pueblo  to  take  part  in  it.  While  the  strife  wa.s 
progressing  Governor  Alvarado  was  appomted 
to  rule  CaHfornia,  an  office  which  he  held  untd 
1842  after  the  differences  IjetAveen  the  oppos- 
ing factions  in  Mexico  had  been  satisfactorily 
arranged. 

The  adjustment,  however,  created  misun- 
derstandings between  the  two  highest  officials 
in  the  Department  of  California.  The  civil 
and  the  military  authorities  could  not  agree. 
Each  one  complained  of  the  other  to  the  Cen- 
tral Government  and  General  Micheltorena 
was  secretly  dispatched  north  to  settle  the  dif- 
ferences between  Governor  Alvarado  and  Gen- 
eral Vallejo  by  taking  over  the  powers  of 
both  On  seeing  the  turn  the  affair  had  taken, 
Alvarado  and  Vallejo  laid  aside  their  bicker- 
ings to  make  common  cause  against  Michel- 
torena, whom  they  designated  as  an  usurper. 
Aided  by  General  Castro  they  sought  to  drive 
Micheltorena  out  of  California.  The  trium- 
virate proclaimed  California  independent  and 
declared  war  against  the  representative  of 
jMexico.  General  Micheltorena,  having  had 
the  gauge  of  battle  thrown  in  his  teeth,  took 
the  field  hoping  to  speedily  end  the  insurrec- 
tion. He  advanced  to  within  twelve  miles  of 
San  Jose  and  then  finding  that  this  portion  of 
the  country  was  up  in  arms  against  him  speed- 
ily beat  a  retreat  to  San  Juan  Bautista.  In. 
spite  of  his  defense,   the  insurgents   captured 


the  town  in  XoAcmber,  18-14.  From  this  bloA\' 
Micheltorena  never  rallied  and  in  February, 
1845,  he  paid  $11,000  for  a  passage  on  board 
the  bark  Don  Quixote,  Captain  Paty,  his  des- 
tination being  San  Bias.  On  the  termination 
of  the  strife  Don  Pio  Pico,  brother  of  Don  An- 
tonio Pico,  of  San  Jose,  was  elected  governor 
of  California  and  Jose  Castro  was  appointed 
general  of  the  military  f(-)rces. 

Captain  Fremont  Arrives 

In  the  month  of  March,  1845,  Brevet-Capt. 
J<ihn  Charles  Fremont  departed  from  W'ash- 
mgton  for  the  purpose  of  (organizing  a  third 
expedition  for  the  topfigrap'hical  survey  of 
Oregon  and  California.  He  left  Bent's  Fort 
in  April,  his  force  consisting  of  sixty-two  men 
among  them  Kit  Carson  and  six  Delaware  In- 
dians. Crossing  the  Sierra  Nevadas  in  De- 
cember they  arrived  at  Sutter's  Fort  on  the 
10th  of  that  month.  After  two  days'  stay 
the  compan)'  left  to  search  for  a  missing  part'y 
of  explorers.  Not  l^eing  able  to  find  the  men, 
and  having  either  lost  or  consumed  most  of 
Ins  horses  and  cattle  Fremont  determined  to 
retrace  his  steps  to  Sutter's  Fort  which  he 
reached  January  15,  1846.  On  the  seven- 
teenth he  with  his  men  left  the  fort  on  a 
launch  for  San  Francisco.  They  arrived  there 
on  the  twentieth  ;  the  twenty-first  saw  him 
and  Captain  Hinckley  sailing  down  the  Bay 
of  San  Francisco  to  the  embarcadero  at  Al- 
viso  at  the  lower  end  of  the  Santa  Clara  Val- 
ley.     ( )n    the    twenty-second    they    proceeded 


HISTORY   OF   SANTA   CFARA    COUNTY 


47 


to  San  Jose  ^vhere  T'remont  recei\e(l  word 
that  the  missino-  explorers  were  encamped  on 
the  San  Joaquin.  At  once  two  companies  un- 
der Kit  Carson  were  dispatched  to  t^-uide  the 
men  into  tlie  Santa  Clara  Valley.  Fremont 
and  Hinckley,  after  ^■isitin,o-  the  New  Almaden 
mines,  returned  to  San  Francisco.  On  the 
twenty-fotu'th  Fremont  was  once  more  on  the 
move.  He  started  from  San  Francisco,  then 
known  as  Yerlia  I'uena,  and  on  the  morning- 
of  January  27.  1846,  reached  Monterey.  In 
compau)-  with  Thomas  O.  T^arkin,  United 
States  Consid,  Fremont  called  on  General 
Castro  and  stated  the  nljject  of  his  iourne_v. 
Fie  ^^'as  out  of  provisicins  and  asked  that  his 
party  be  permitted  to  jiass  unmolested  througdi 
the  countr}-.  44ie  reciuest  was  granted,  A-er- 
ballv,  but  wdien  asked  for  the  necessary'  jier- 
mit  in  \A-riting,  the  General  excused  himself, 
said  he  was  not  Avell  and  that  no  further 
assurance  than  his  word  was  needed.  A  call 
of  the  same  nature  was  then  made  on  Don 
jManuel  Castro,  the  prefect  of  the  district, 
the  same  statement  made  and  the  same  verbal 
permit  was  granted.  Fremont  received  funds 
and  provisions  from  the  consul  and  then  made 
all  haste  to  San  Jose  wdiere  he  was  joined 
bv  his  band.  Not  finding  here  such  stores  as 
were  still  needed  he  resolved  to  return  to 
Montere^'.  A  fortnight  later  he  camped  in 
the  Santa  Clara  Valley  on  Capt.  William  Fish- 
er's ranch,  the  Laguna  Seca.  While  here  a 
Mexican  made  his  appearance  and  laid  claim 
to  certain  of  Fremont's  horses  on  the  bold 
statement  that  they  had  been  stolen.  Short- 
ly after  this,  on  February  20,  Captain  Fre- 
mont received  a  simimons  to  appear  before 
the  alcalde  at  San  Jose  to  answer  to  a  charge 
of  horse-stealing.  Fremont  send  back  the 
folloAving  reply : 

"Camp  Near  Road  to  Santa  Cruz, 

February  21,  1846. 

"Sir  :  I  received  your  communication  of  the 
20th,  informing  me  that  a  complaint  has  been 
lodged  against  me  in  your  office  for  refusing 
to  deliver  up  certain  animals  of  my  band 
which  are  claimed  as  having  been  stolen  from 
this  vicinity  about  two  months  since,  and  that 
the  plaintiff  further  complains  of  having  been 
insulted  in  my  camp.  It  can  be  proven  on 
oath  by  thirty  men  here  present  that  the  ani- 
mals pointed  out  by  the  plaintiff  have  been 
brought  in  my  band  from  the  United  States 
of  North  America.  The  insult  of  which  he 
complains,  and  which  was  authorized  by  my- 
self, consisted  in  his  being  driven  or  ordered 
to  immediately  leave  camp.  After  having 
been  detected  in  endeavoring  to  obtain  ani- 
mals under  false  pretenses  he  should  have 
been   well    satisfied    to    escape   without   a    se- 


vere horse-\\'hipping.  There  are  four  animals 
in  mv  band  which  were  bartered  from  the 
Tulare  Indians  bv  a  du'isiim  of  my  party 
which  descended  the  San  Joaquin  Valley.  I 
was  not  then  ])resent,  and  if  an}'  more  legal 
owners  present  themselves  these  sliall  l)e  im- 
mediatel}'  gu'en  or  delivered  ui)on  proving 
propert}'.  It  may  sa\'e  3^ou  troul^le  to  inform 
3'ou,  that  "with  this  exception,  all  the  animals 
in  my  band  ha\'e  been  bought  anrl  paid  for. 
You  \vill  readih-  understand  that  my  duties 
will  not  ]iermit  me  to  appear  before  the  mag- 
istrates in  3'our  towns  on  the  complaint  of 
ever}'  straggling  A-agabond  wdio  mav  chance 
to  visit  ni}'  cam]).  You  inform  me  that  un- 
less satisfaction  be  immediately  made  by  the 
deliverv  of  the  animals  in  question,  the  com- 
plaint will  be  forwarded  t<"i  the  Go\'ernor.  I 
beg  you  will  at  the  same  time  indrirse  to  His 
Excellencv  a  copy  of  this  note. 

"I    am,    ver}'    respectfully,    A'our    obedient 
ser\'ant, 

"J.   C.   Fremont,   U.   S.   Army. 

"To  Senor  Don  Dolores  Pachecrj, 

Alcalde  of  San  Jose." 

From  the  Laguna  Seca,  Fremont  moved 
by  easy  marches  in  the  direction  of  the  Santa 
Cruz  Mountains  Avhich  he  crossed  about  ten 
miles  from  vSan  Jose  at  the  gap  where  the 
Los  Gatos  Creek  enters  the  Valley.  On 
March  1,  he  encamped  on  the  rancho  of  Ed- 
ward Petty  Hartwell.  While  here  he  received, 
late  in  the  afternoon  of  the  fifth  a  dispatch 
from  Don  Manuel  Castro,  prefect  of  the  dis- 
trict, charging  him  with  having  entered  the 
towns  and  villages  under  his  (the  Prefect's) 
jurisdiction  in  contempt  of  the  law's  of  the 
Mexican  Government  and  ordering  him  out 
of  the  country,  else  compulsory  measures 
would  be  taken  to  compel  him  to  do  so.  On 
receiAdng  this  communication  Fremont  did  not 
display  much  hesitancy  in  arriving  at  a  con- 
clusion. That  evening  he  struck  camp  and 
ascending  Hawk's  Peak,  a  rough  looking 
mountain  on  the  Gabilan  range,  about  thirty 
miles  from  Monterey  and  2,000  feet  above 
the  level  of  the  sea,  commenced  the  construc- 
tion of  a  rude  fort.  It  was  protected  by  felled 
trees.  Stripping  one  of  the  limbs  he  nailed 
the  Stars  and  Stripes  at  the  top,  forty  feet 
from  the  ground.  The  morning  of  the  sixth 
of  March  found  him  waiting  for  developments. 

On  the  day  that  saw  Fremont  established  on 
Hawk's  Peak,  Castro  sent  the  following  letter 
to  the  minister  of  Marine  at  the  City  of 
Mexico  : 

"In  my  com-munication  of  the  fifth  ultimo 
I  announced  to  you  the  arrival  of  a  captain 
at  the  head  of  fifty  men,  who  came,  as  he 
said,  by  order  of  the  government  of  the  Unit- 


48 


HISTORY   OF   SANTA   CLARA   COUNTY 


ed  States  to  survey  the  limits  of  Oregon. 
This  person  presented  himself  at  my  head- 
quarters some  days  ago  accompanied  by  two 
individuals  (Thomas  0.  Larkin,  U.  S.  consul, 
and  ^^'illiam  A,  Leidesdorff,  vice-consul,)  with 
the  object  (if  asking  permission  to  ]3rocure 
])rovisions  fi;r  his  men  \\diom  he  had  left  be- 
hind in  the  mountains.  The  permission  was 
given,  1)ut  two  days  ago,  March  4,  I  was  much 
surprised  on  lieing  informed  that  this  person 
was  only  tAvo  days'  journey  from  this  ])lace 
(Montere)- ).  in  consequence  I  immediateh' 
sent  him  a  communication  ordering  him,  on 
the  instant  of  its  recei])t,  to  put  himself  on  the 
march  and  lea\e  the  Department,  Ijut  I  have 
ncit  recei\"ed  an  answer.  In  order  to  make  him 
ol)eA',  1  sent  out  a  force  to  oliserve  his  o]iera- 
tions  and  today,  the  sixth,  I  march  in  per- 
son to  join  it  and  see  that  the  o1)ject  is  at- 
tained. The  hurry  with  which  I  undertake  mv 
march  does  not  ])ermit  me  to  be  more  dif- 
fuse ami  I  beg  that  >-ou  will  inform  His  Ex- 
cellenc}',  the  Rresident,  assuring  him  that  not 
only  shall  the  national  integrity  of  this  partv 
lie  defended  "with  the  enthusiasm  of  gocid 
}ilcxicans,  but  those  who  intend  to  Aiolate  it 
will  find  an  imjiregnable  barrier  in  the  a  alor 
and  patriotism  of  e\"ery  one  of  the  Californians. 
Receive  the  assurance  of  my  respect,  etc.  God 
and  Libert}'." 

In  his  hastily  constructed  fort,  e\'er}-  aAcnue 
to  wdiich  was  commanded  I)}'  the  trusty  rifles 
of  his  men,  h'reniont  calndy  awaited  the  si)ce(h' 
vengeance  promised  \n  the  ccjmmunication  of 
the  prefect.  To  carr_\-  it  out  Don  J(.)se  had 
sumnioneil  a  force  of  200  men  wdiich  was 
strengthened  ])\'  one  or  two  cannon  of  small 
calilier,  Init  nothing  lieA'ond  a  demonstration 
was  attained.  In  the  language  of  the  late 
General  lve\ere  (then  Lieutenant)  "Don  lose 
was  rather  in  the  humor  (A  that  King  of 
France,  \\lio  with  20,001)  men,  marched  u]) 
the    hill    and    then   marched    down    again." 

Castro's  next  mo\-e  was  the  concocting  of  an 
epistle  to  Fremont,  asking  for  a  cessation  of 
hostilities  and  suggesting  that  thev  join  forces, 
declare  the  countr}'  independent  and  with  their 
allied  armies  march  against  Governor  Pio  I'ico, 
wdio  was  then  in  Los  Angeles.  To  John  Gil- 
ro}',  an  old  Scotch  settler,  after  wdi(jm  Gil- 
roy  was  named,  was  entrusted  the  deliver}-  of 
this  i)iece  of  treachery.  He  reached  Hawk's 
Peak  on  the  night  of  the  tenth  and  found 
the  fort  untenanted.  Fremont  had  tired  of 
Avaiting  for  Castr(j  to  attack  and  had  made  a 
forced  march  to  the  San  Joaquin  Valley.  Gil- 
roy,  on  his  return,  told  of  the  retreat,  which 
so  elated  Castro  that  he  at  on.ce  resolved  to 
attack  the  fort,  which  he  was  the  first  to  en- 
ter. Then  he  sat  down  i^n  one  of  Fremont's 
discarded  pack  saddles  and  penned  a  dispatch 


to  Monterey  describing  the  glorious  victory 
he  had  gained  and  promising  that  his  return 
need  not  be  looked  for  until  his  promise,  long 
ago  given,  had  been  fulfilled. 

And  so  matters  rested  for  a  time.  The 
American  settlers  began  to  feel  far  from  safe 
and  it  was  the  consensus  of  opinion  that  no 
time  should  lie  lost  in  preparing  for  an  emerg- 
ency. Rumors  were  rife.  Governor  Pico 
looked  upon  them  with  deep  hatred,  their  ar- 
rival and  settlement  was  to  him  a  source  of 
])oignant  jealous\',  wdiile  his  feeling  inclined 
him  toAvard  luigland,  should  the  country  ever 
change  hands.  At  a  convention  held  in  San 
Juan  Bautista  to  decide  wdiich  one  of  the 
two  nations.  Great  Pritain  or  the  United 
vStates,  should  guarantee  protection  tci  Califor- 
nia against  all  others,  Pico  is  reported  to  have 
said:  "To  \\diat  a  deploral)le  conditirjn  is  our 
Countr}'  reduced.  Mexico,  professing  to  be 
our  mother  and  our  protectress  has  given  us 
neither  arms  nor  money,  nor  the  material  of 
war  for  our  defense.  She  is  not  likeh'  to  do 
an}'tliing  in  our  lielialf,  although  she  is  cjuite 
\villing  to  afflict  us  \\-ith  her  extortionate 
minions  who  come  here  in  the  guise  of  sol- 
diers and  ci\il  olffcers  tc)  harass  and  oppress 
our  people.  .  .  .  f-'erhaps  \\'hat  I  am  about 
to  suggest  may  seem  faint-hearted  and  dis- 
hoiioralile  frnt  to  me  it  does  not  seem  S(_i.  It 
is  the  last  hope  of  a  feeble  i:ieople,  struggling 
against  a  tyrannical  go\ernment  A\'hich  claims 
their  submission  at  home  and  who  are  threat- 
ened 1)}'  a  band  of  aA'aricious  strangers  fr(mi 
^\'ithout,  to  A'oluntarily  connect  themseh'es 
witli  a  [Kiwer  aljle  and  willing  to  defend  and 
preser\'e  them.  It  is  the  right  and  duty  of 
the  \\'eak  to  demand  support  from  the  strong. 
proN'ided  the  demand  be  made  ui)on  terms 
just  to  both  iiarties.  Is  it  not  better  to  con- 
.nect  ourseK'es  with  one  of  the  powerful  Euro- 
]iean  nations  than  to  struggle  against  hope 
as  we  are  doing  mnv?  Is  it  not  better  that  one 
of  them  should  send  a  fleet  and  an  army  to 
defend  and  protect  California  rather  than  that 
we  should  fall  an  easy  ])rey  to  the  lawdess 
adxenturers  who  are  overrunning  our  beau- 
li^ful  country?  I  pronounce  for  annexation  to 
France  or  England  and  the  people  of  Cali- 
fornia will  never  regret  having  taken  my  ad- 
vice. Then  may  our  people  go  quietly  to  their 
ranches  and  live  there  as  of  yore,  leading  a 
thoughtless  and  merry  life,  untroubled  by  poli- 
tics or  the  cares  of  state,  sure  of  wdiat  is  their 
own  and  safe  from  the  incursions  of  the  Yan- 
kees who  would  soon  be  forced  to  retreat  into 
their  own  country." 

Don  Mariano   Guadalupe  'Vallejo 

But  at  this  moment  California  found  a  man 
whose  views  were  more  enlightened  than 
those  of  the  rulers  of  his  country.     As  a  pa- 


HISTORY   OF   SANTA   CLARA   COUNTY 


49 


triot  he  could  not  silently  witness  the  land  of 
his  birth  sold  to  any  monarchy,  however  old, 
and  he  rightl)-  judLjcd  that  aithou,t;li  foreign 
protection  miglu  postpone  it  cciuld  not  avert 
that  assumption  df  pciwer  which  was  l)eij;in- 
ning  to  make  itself  felt.  Possessed  at  "the 
time  of  no  political  power  and  having  had  but 
few  early  ad\antages,  still  his  pLisition  was  st> 
high  and  his  character  so  highh'  respected 
liy  l^oth  the  foreign  and  native  poi)ulatic)n 
that  he  had  l>een  in\-ited  to  participate  in  the 
proceedings  of  the  lunta.  This  man  was  Don 
Alariano  tuiadalnpe  Walleju.  Born  in  Cali- 
fornia, he  commenced  his  career  in  the  army 
as  an  ensign  and  in  this  humlile  grade  he  ^■ol- 
unteered  tn  cstaldish  a  colony  on  the  north 
side  of  the  May  of  San  Francisco  for  the  |iro- 
tectinn  cif  the  frontier.  He  thoroughly  sidi- 
dued  the  hostile  Indians  of  the  region  and  laid 
the  foundation  of  a  reputation  for  integrity, 
■  judgment  and  aliiht}'  unequaled  ]'>y  an)-  of  his 
countrymen.  .\lthough  cpiite  a  young  man 
he  had  alread\'  filled  high  offices  and  at  this 
time  A\'as  lixing  on  his  estate  in  the  \'icinity 
of  the  town  of  Sonoma.  He  did  not  hesitate 
to  oppose  the  \'iews  of  I'ico  and  Castro,  .\mong 
other  things  he  said:  "I  cannot,  gentlemen, 
coincide  in  oiiinion  with  the  military  and  civic 
functionaries  \\lio  ha\"e  advocated  the  ces- 
sion of  our  countr}-  to  France  or  England.  It 
is  most  true,  that  to  rely  any  longer  upcui 
Mexico  to  govern  and  defend  us  would  be  idle 
and  absurd,  it  is  also  true  that  we  possess 
a  noble  country  in  every  way  calculated  from 
position  and  resources  to  become  great  and 
powerful.  F"or  that  reason  I  would  not  have 
her  a  mere  dependency  upon  a  foreign  mon- 
archv,  naturally  alien,  or  at  least  indifferent 
to  our  interests  and  welfare.  E\'en  could  we 
tolerate  the  idea  of  dejiendence  ought  we  to 
go  to  distant  Europe  for  a  master?  What 
possible  svmpathy  could  exist  between  us  and 
a  nation  separated  from  us  by  two  vast  oceans? 
But  Avai\'ing  this  insuperable  objection,  how 
could  we  endure  to  become  under  the  do- 
minion of  a  monarchy?  We  are  republicans, 
badly  governed  and  badly  situated  as  we  are, 
but  stidl,  in  sentiment,  republicans.  All  will 
probablv  agree  with  me  that  we  ought  at  once 
to  rid  ourselves  of  what  may  remain  of  Mex- 
ican domination.  Our  position  is  so  remote, 
either  by  land  or  sea,  that  we  are  m  no  dan- 
o-er  from  Mexican  invasion.  Why,  then, 
should  we  still  hesitate  to  assert  our  independ- 
ence? W'e  have  taken  the  first  step  by  elect- 
ing our  own  governor,  but  another  remains  to 
be  taken.     I  will  mention  it  plainly  and  ration- 

j^Uy it  is  annexation  to  the  United  States.    In 

contemplating  this  consummation  of  our  des- 
tiny I  feel  nothing  but  pleasure  and  I  ask  you 
to  share  it.     Discard  old  prejudices,  disregard 


old  customs  and  prepare  for  the  glorious 
change  wdiich  awaits  our  country.  Why 
should  we  shrink  from  incorporating  our- 
seKes  \\-ith  the  ha[)piest  and  freest  nation  in 
the  \vorld,  destined  soon  to  be  the  most  weal- 
thy and  powerful?  Why  should  we  go  abroad 
for  protection  when  this  great  nation  is  our 
adjoining  neiglibor?  When  we  join  our  for- 
tunes to  hers  we  shall  not  liecome  subjects 
but  fellow-citizens,  ])ossessing  all  the  rights 
of  the  iK'ople  of  the  L'nited  States  and  chcjris- 
ing  our  own  federal  and  local  rulers.  We  shall 
lia\e  a  stable  go\'ernment  and  just  laws.  Cali- 
fornia ^vill  grow  str(jng  and  flourish  and  her 
people  \\"ill  be  prosperous,  happy  and  free. 
Look  not,  therefore,  ^vith  jealous}^  upon  the 
hard}'  pioneers  who  scale  our  mountains  and 
culti\'ate  our  unoccupied  i)lains,  but  rather 
welcome  them  as  brothers,  who  come  to  share 
\vith   us   a   common   destiny." 

Those  A\dio  listened  to  (^.eiieral  Vallejo  were 
far  liehind  him  in  general  knowdedge  and  in- 
telligence. His  arguments  failed  to  carry  con- 
\dction  tc)  the  greater  number  of  his  auditors, 
but  the  bold  j^osition  taken  l.i}"  him  was  the 
cause  of  the  immediate  adjournment  of  the 
junta,  no  result  ha\-ing  been  arri\'ed  at  con- 
cerning the  weighty  question  cm  which  the 
Californians  had  .met  t(i  delifierate.  On  re- 
tiring from  the  junta  (Tcneral  Vallejo  em- 
bodied the  A'ieT.\'s  he  had  expressed  in  a  letter 
to  Don  Pio  Pico  and  reiterated  his  refusal  to 
])articipate  in  an\'  action  having  for  its  end 
the  adoption  of  any  protection  other  than  that 
of  the  L'nited  States.  In  this  letter  he  also 
declared  that  he  would  never  serve  under  any 
government  vdiich  was  prepared  to  surrender 
California  to  a  European  power.  He  then  re- 
turned to  his  estate  there  to  await  the  issue 
of  events. 

Raising  the  Bear  Flag 

In  the  meantime  circumstances  tended  to 
keep  General  Castro  moving.  A  large  num- 
ber of  Americans,  finding  themselves  numer- 
icalh'  too  weak  to  contend  against  the  natives, 
but  relying  on  accession  to  their  strength  in 
the  spring,  determined  to  declare  California 
independent  and  free  and  raise  a  flag  of  their 
own,  which  they  did.  The  famous  "Bear 
Flag"  was  given  to  the  breeze  June  14,  1846, 
in  Sonoma  on  the  pole  which  before  had 
floated  the  Mexican  standard.  The  town  was 
captured  and  with  it  the  commanding  officer, 
General  Vallejo,  Lieutenant  Colonel  Victor 
Prudon,  Captain  Salvador  Vallejo  and  Jacob 
P.  Liese,  an  American  and  the  general's 
■  brother-in-law.  The  news  of  the  declaration 
spread  like  wild-fire,  both  parties  hurriedly 
prepared  for  a  conflict  and  while  the  Bear  Flag 
party  guided  their  afliairs  from  Sonoma,  Gen- 


50 


HISTORY   OF   SAXTA   CLARA   COUNTY 


eral  Jose  Castrn,  from  his  liea(l(|uarters  at 
Santa  Clara,  issued  t\\'o  proclamations.  The}' 
are  cnridsitics  in  their  wa}'  and  as  such  wurth}- 
of  reprciductii  m   here.      The   Ih'st   fnllows: 

"The  Cdntemiitililc  ]")i)liev  eil  the  agents  of 
the  United  States  of  Xorth  America  in  this 
De])artmcnt,  haA'c  induced  a  portion  of  ad- 
A'enturers,  \Adii"i,  regardless  of  the  rights  of 
men,  have  daringh'  commenced  an  invasion 
])Ossessing  themseh'es  of  the  tuAvn  ol  Sonoma 
and  the  mililar\'  commander  nf  that  bnrder. 
Felliiw  CdUntrymen:  The  defense  of  nur  lih- 
ert\',  the  true  religion  Avhich  our  fathers  pos- 
sessed and  our  inde])endence  call  upon  us  to 
sacrifice  oursel\"es  rather  than  lose  these  in- 
estinialtle  blessings;  banish  from  A'our  hearts 
all  jietU'  resentments,  turn  }'ou  and  behold 
^-flurselves,  these  families,  the  innocent  little 
ones,  Axdnich  ha\"e  unfortunate!)"  fallen  intc)  the 
hands  cjf  oiu"  enemies,  flragged  from  the  bos- 
oms (if  their  fathers,  wdio  are  jtrisoners  among 
frireigners,  a>id  are  calling  uprm  us  to  succor 
them.  There  is  still  time  for  us  to  rise  en 
masse  as  irresistible  as  retributi\"e.  Yon  nee<l 
not  doubt  that  DiA'ine  Pro^■iflence  will  direct 
US  in  the  A\-a}-  to  glor}-.  ^'ou  should  not  \acil- 
late  because  rit  the  smallness  of  the  garrison 
of  the  general  headcpiarters,  for  he  whn  will 
first  sacrifice  himself  A\'ill  be  A'our  friend  and 
fellow  citizen 

JOSK  CASTRO, 

"Headquarters,  Santa  Clara,  June  17,  1846." 

The  Second  proclamation  jiromises  tc)  jiro- 
tect  all  .Vmericans  who  shall  refrain  from  tak- 
ing (lart  in  the  revolutionarv  mijAcments  and 
AA'inds  up  as  follriws:  "f^et  the  fortune  of  \var 
take  its  chance  with  those  luigratefid  men, 
Avho  ^^dth  arms  in  their  hands  have  attacked 
the  country,  \vithout  recollecting  tliey  A\'ere 
treated  b}'  the  undersigned  A\'ith  all  the  indul- 
gence of  A\diich  he  is  so  characteristic.  The  in- 
habitants of  the  Department  are  vdtnesses  of 
the  truth  of  this.  1  have  nothing  to  fear,  m\' 
dnt\'  leads  me  to  death  or  A'ictrirA'.  I  am  a 
Mexican  soldier  and  I  AA'ill  l)e  free  and  inde- 
|)endent,  or  I  \vill  gladh'  die  for  these  inesti- 
mable blessings." 

As  there  A\'ere  rumors  afloat  that  General 
Castro  \\'as  on  his  waA-  \vith  a  large  ]iartv  of 
^Mexicans,  to  attack  the  garrison  at  Sonoma, 
Fremont,  \\ath  force  augmented,  hastened  t(j 
the  relief  of  his  compatriots.  Fie  arri\"ed  at 
Sonoma  cm  the  morning  (jf  June  25,  ha\ing 
made  fiirced  marches.  There  he  found  that 
Castro  had  not  carried  (">ut  his  threat,  Init  had 
placid!}-  remained  near  San  Jose,  carefully 
guarded  by  his  soldiers. 

^\bout  tliis  time  a  small  party  intended  for 
ser\ice  under  the  I'ear  Flag,  had  Ijeen  re- 
cruited !iy  Capt.  Tliomas  Fallon,  then  of  Santa 


Cruz,  but  afterward  a  long-time  resident  of 
San  Jose.  This  company,  consisting  of  twenty- 
two  men,  crossed  the  Santa  Cruz  Mountains, 
entered  the  v^anta  Clara  Valley  at  night  and 
halted  about  three  miles  from  San  Jose  at  the 
rancho  of  (n'o\-e  C.  Cookv  Here  Fallon  learned 
that  Castro,  A\'ith  a  force  of  200  men,  was  close 
at  hand,  ddiercfore,  belie\dng  discreticin  to  be 
the  better  ])art  of  A-alor,  he  fell  liack  intc)  the 
mountains  and  there  encam]ied. 

At  sunset  on  June  27.  Castro,  placing  him- 
self at  the  head  of  his  arm}',  marched  C)Ut  of 
Santa  Clar.a  to  chastise  the  Sonoma  insurg- 
ents. Fassing  around  the  head  cif  San  Fran- 
cisc("i  lia}-  he  reached  the  San  Leandro  Creek 
from  v  hence  he  dispatched  three  men  to  re- 
counoiter.  The}'  A\'ere  to  cross  the  bav  in 
boats.  (Jn  the  water  the}"  A\'ere  captured  and 
shot.  As  the}"  did  not  return  Castro,  guessing 
\\diat  had  hapi"iened  and  fearing  a  like  fate  for 
himself,  marched  his  compauA'  hiack  to  Santa 
Clara. 

War  With  Mexico  Declared 

In  the  meantime  great  eA'ents  had  been  oc- 
curring without.  The  United  States  had  de- 
clared Awar  against  .Mexico,  General  Scott, 
after  a  series  of  brilliant  exploits,  h-ad  captured 
the  Cit}'  of  ^lexico  and  Comnioilore  John 
I  )rake  v^loat  Avas  ap|iroaching  ^binterev.  On 
Jul}-  7,  184(3,  Montere}-  Avas  taken  and  the 
American  flag  hoisted  oA'er  the  town.  Tavo 
da}'s  later  Flenr}-  Pitts,  courier  for  Commo- 
dore Slo.at,  rode  into  vSan  Jose,  and  after  an- 
nouncing the  triumph  of  American  arms, 
sought  out  (Teiieral  Castro  and  deli-.'ered  t(-)  the 
redfiubtalile  Alexican  warrior  ComuKKhire 
Sloat's  commum'cati(jn.  After  reading  it  Cas- 
tro, with  mood}-  brow,  called  <iut  his  men  and 
forming  in  line  m  front  of  the  Juzgado,  or  Hall 
of  Justice  on  r\larket  Street,  shouted,  "Monte- 
re}-  is  taken  b}-  the  Americans,"  and  then  ])ro- 
ceeded  to  read  the  written  words  of  the  C(mi- 
modore. 

"To  the  inhabitants  of  California — 
"The  central  troops  of  Mexico  liaAui-ig  com- 
menced hostilities  against  the  United  States  of 
-Vmerica  by  invading  its  territory  and  attack- 
ing the  troops  (if  the  LInited  States  stationed 
on  the  north  side  of  the  Rio  Grande,  Avith  a 
force  of  7, OCX)  men  under  command  of  General 
Arista,  Avhich  army  was  totally  destroved  and 
all  their  artillery,  baggage,  etc.,  captured  on 
the  8th  and  0th  of  May  last  l.y  a  force  of  2,300 
men  under  the  command  of  General  Taylor, 
and  the  city  of  Matamoras  taken  and  occu- 
pied by  the  forces  of  the  LInited  States,  and 
the  tAV(j  nations  being  actually  at  war  by  this 
transaction,  I  shall  hoist  the  standard  ('if  the 
United  States  at  Monterey  immediately  and 
shall  carry  it  through  Calif('irnia. 


lllSToin;    ()l'   SANTA   Cr.ARA   CoL'X'lA'  51 

"I    declare   In    the   iiilialiitaiils   ni   I'alifnrnia,  cimtain,  in  jxissessimi  of  (he  eIerL;"\-  of  Calil'(jr- 

that  althiiUL;'h   I   emne  in  aians  with  a  powei'l'ul  uia,  shall  eontinue  in  the  simie  riL;hl   and  pus- 

te>rce.  I  do  not  come  as  an  enenu'  to  California.  session  the^'  now  enjo\'. 

I  come  as  their  best   friend,  as  henceforth  Cal-  ";\11   ])ro\isions   and    supplies   of   e\erv'   kind 

ifnrnia     will     lie     a     portion     of     the     United  furnished  hy  tile  inhaliitants  for  the  irse  of  (he 

States  and  its  ])eaeealile  inhaliitants  will  enjov  United  yStates  ships  and  soldiers,   will   Ijc  ]jaid 

the  same  rii;hts  and  pri\  ile,L;"es  tlu'\-  now  enjo)-  for  at  fair  rates,  and  no  ]iri\-ate  ]iroprrtv   will 

toj^-ether   \\-ith    the   ])ri\ilet;'e   of  ehoosin<^-   their  he  taken  for  puhlie  use  without   just  conipen- 

own  mat^'istrates  and  other  oflicers  for  the  ad-  sation  at  the  nujinent. 

ministration  of  justice  anions;-  themseUes,  and  "J(')]IX   D.   Sf/Jy\T, 

the  same  protection  ^vill  he  exteniled  to  them  •■Commander-in-Chief     of     the     U.     S.     Naval 

as  to  an_\-  other  state  in  the  Union.     They  will  Force  in  the  r'acilic  (  )eean." 

^l^'.'  ,^^"i:'>'    ^,    permanent    K-"vernment    under  .pj^^.    .eadint^    ,,f    the     fore-oino-     concluded, 

which  hteamlproperty  an.l  the  constitutional  r.eiieral    Castro    ,s    saul     to     have     exclaimed, 

right  anu  lawiul  security  to  worship  the  Cre-  ..^yhat  can  I  do  with  a  handful  .,f  men  a-amst 

ator  mthe  wav  most  eono-emal   t, ,  each  ,,ne's  ^p^    p-^j^^,!    States?      I    am    -oing    to    Mexico, 

sense  ot  duty,  will  he  secure.l  to  which,  nntor-  _\p  ^^.p„  ^,^_i  .,^   t,,  ^-,,p,,^^.  „^^,^  ri-ht-ahont-faee. 

tunately,_the   Lentral   (.overnment   ot   ^lexico  .^p    ^^_,^,,,    ^^.j^,^    ^, ,    ,.^.„^,^„^     ^,,^„     y., ,     t,,     tp^;^ 

cannot  attord  them,. lestroved,  as  her  resources  p„„es."      Dnlv    a    verv    few    cliose    to    follow 


'"-''f'   ''>'   internal   tactions   and    corrupt   othcers  Castro  into  Mexico,  whither  he  proceeded   on 

'''^'"     ":<^'''^.te     constant     rcNolutions     to     pro-  ^p^,     followino-     dav,      first     takin-     ,,risoner, 

'"'-'^     their     own     interests    and    oppress    the  Charles  M.  Weher,  a  merchant,  and  not  releas- 

people.     Lnder  the  ila,-  ot   the  United   States  „^^.  p„,^  ^,„til  Los  Anoxdes  was  reached. 
Ca litorma   will  he  tree  trom   a  1  such   troubles  p-      „  hearino-  of  Castro's  de,,arture  Captain 

and   expenses  ;  consequentl)-,   the  -country  will  py,^p„,^  ^^^^  his 'camp  m  the  Santa  Cruz  Monn- 

rapidly  advance  and  improve,  both  m  aoTieul-  ^.^j,^,^  marched  into   San   Jose,   seized   the    ]uz- 

tureandeommeree:as,  of  coui-se,  the  revenue  ^.^,p,    ^,^,|    arrested    Dolores    Pacheco,    the-    al- 

1''^"'*   ^^''"   '-"^^   the   same   m   Lahtorn.a   as   ,n  all  '^.^^pi^       j_j^   ^,^^„,^.,1    Pacheco    to    surrender    the 

other    parts    ot    the    Lnited     States,     ailordino-  j^.^.^    ^^^^^      ^^^,,.^j^^    archives    as    ^^-ell,    and    ap- 

them   all   manufactures   and    produce    ot     the  pohrted  fames  Stokes  justice  of  the  peace.     On 

United  States  free  ot  any  duty,  and  tor  all  lor-  j„i,.   p^p^   p-j^^^.i   ^„  American   tla-  r,n   the 

eigai  o-,:,ods  at  one-quarter  the   duty  they  now  -.^aff  in  front  of  the  court  house,  the 'first  flag 

pay,     A  great  increase  m  the  value  of  real  es-  „t  ^Pe  Union  to  wave  in  Santa  Clara  eonntv. 

tate    and    the    products    ot    Calitornia    may    be  ^ypp^  „,  g^j,  |„ee  Fallon  receiverl  the  folio  ' 


w- 


antici]3atecl.  p^g.  communications   from   Captain   ^lontgom 

'AA'ith   the   great   interest  and   kind   feelings  erv,    stationed    at    Yerlia    Pmena     (  San    Fran- 

I    know    the    government    and    people    of    the  cisco)  : 

United    States   possess    to\vard    the   people    of  "U.  S.  Ship  Portsmouth, 

California,    the    country    cannot    but    improve  "Yerba  Bnena,   Julv  1,\   1846 

more  ranidh'  than  anv  other  on  the  contineni  ,.,-,.         ^  ,  .  .        '  '      '        ' 

r    \  ■      '  '  Sir:     i   haAC  nist  receu'ed  vour    etter  with 

ot  America.  .  ^  ^        '  ,--,■' 

,,...,,.  .  a  copjA-  ot   AJr.    lames   Stokes    apiiriintment  as 

_    "Such  ot  the  inhabitants,  whether  native  or  ^^^^-^^  ,.,f  ^p^     -^^^^  ^,j  ^p^,      ,^.p,,„, .  ^,^,_,  ^  ^y^^_ 

toreign,  as  may  not  be  disposed  to  accept  the  p^^^ch    from    the    commander-in-chief     of     the 

hpgh  privileges  ot  citizenship  an<l  to  live  peace-  py  s.  Xaval  Forces  at  Alonterev,  f..r  which  I 

ably   under    the   government    ot     the     United  thank  von.     Bv  the  bearer  of  them  I  return  a 

States,  will  be  all.  .wed  time  t.;.  .  ispose  ot  then;  ,p    ,atc"h  for  Commodore  SI.. at,  which  I  hope 

property   and   remove   out   ot    the   country,    it  ^._^,  ^^.^p  p^^^.^  ^^^  opportunity  of  forwar.ling  to 

the^-   choose,   without   an)'   restriction;   or   re-  yIont^re^• 

main  m  it  observing  strict  neutrality.  '    ..j  received  vour  letter  of  juh-  1_^  an.l  wrote 

•AAdth  full  confidence  in  the  honor  and  m-  to  vou,  bv  the  bearer  of  it,  ..n  the  P^th  in  an- 

tegrity   of   the   mhabitants    of    the   country,    I  gwer  advising  vou  bv  all  means  to  h..ist  the 

invite  the  judges,  alcaldes  and  other  civil  of-  flag  of  the  United  States  at  the  Pueblo  of  St. 

fleers  to  execute  their  functions  as  heretofore,  Joseph  (San  Jose)  as  vou  expressed  to  do.    If 

that  the  public  tranquility  be  not  disturbed,  at  "you  had  suflficient  forc'e  to  maintain  it  there; 

least,  until  the  government  of  the  territory  can  of  course  you  understand  that  it  is  not  again 

be  definitely  arranged,  to  be  hauled  down 

"All  persons  holding  titles  to  real  estate,  or  "Agreeable    to   v'our   reqm^st   I    send   you    a 

in   cpiiet   possession    of   lands    under    color   oi  proclamation,    in    both    languages,     from     the 

rio"ht,    shall    have    these    titles    guaranteed    to  Commander-in-Chief,  \\hich  I  shall  be  glad  to 

them'.      All   churches,   and   the   property   they  have  distributed  as  .far  and  generally  as  pes- 


52 


HISTORY   OF   SANTA   CLARA   COUNTY 


siblc  ;  and  be  pleased  to  assure  all  persons  of 
the  most  perfect  security  from  injuries  to  their 
persons  Qr  property,  and  endeavor  by  every 
means  in  vour  poAver  to  inspire  them  with 
confidence  in  the  existing  authorities  and  gov- 
ernment of  the  United  States. 
"I  am,  sir,  vour  ob't  servant, 

••  JOHN  B.  ^lONTGOr^lERY, 
"Commanding  U.   S.   Ship   Portsmouth. 
"To    Capt.    Thomas    Fallon,    Pueblo    of    St. 
Joseph,  Upper  California." 

"U.  S.  Ship  Portsnrouth, 
"Yerba  Euena.  July  18,  1846. 
"Sir  I  have  just  received  your  letter  with 
the  official  dispatch  from  Commodore  Sloat, 
\\diich  has  been  accidentally  delayed  one  clay 
in  its  transmission  from  the  pueblo  and  am 
much  obliged  to  you  for  sending  it  to  me. 

"1  am  gratified  to  hear  that  you  have  hoisted 
the  flag  (")f  our  country  and  cannot  but  feel 
assured,  as  I  certainly  hoi)e,  that  y(jur  zealous 
regard  for  its  honor  and  glory  will  lead  you 
nobly  to  defend  it  there. 

"I  am,  sir,  A'our  ob't  servant, 

"JOHN  B.  ]\IONTGOMERY, 

"Commander. 

"To    Capt.    Thomas     Fallon    at    the    Pueblo 
San  Jose,  Uj^per  California." 

Before  the  arrival  at  Monterey  of  Commo- 
dore Sloat  it  was  believed  in  many  quarters 
that  the  English  government  had  a  covetous 
e}-e  c>n  Calif(.>rnia.  John  Parrott,  a  prominent 
citizen  of  San  Francisco,  was  in  Mexico  in 
the  spring  of  1846,  and  in  a  position  to  learn 
something  of  P>ritish  intentions.  Ascertaining 
that  a  movement  Avas  about  to  l3e  made  to  hoist 
the  English  flag  over  the  capitol  at  Monterey, 
he  sent  a  courier  to  Commodore  Sloat  warn- 
ing him  that  England  was  about  to  steal  a 
march  on  the  United  States.  The  commo- 
dore immediately  went  to  sea.  He  reached 
Monterey  Ba^-,  and  as  has  been  related,  hoist- 
ed the  American  flag  over  the  capitol  on  July 
7,  1846.  Admiral  Seymour,  of  the  British 
navy,  arrived  soon  afterward,  but  having  no 
authority  to  inaugurate  hostilities  with  the 
United  States,  was  powerless. 

The  necessity  of  holding  San  Jose  induced 
Captain  Montgomery  to  dispatch  the  purser 
of  the  Portsmouth,  Watmough,  to  the  pueblo 
with  thirty-five  marines,  as  soon  as  it  was 
learned  that  Fallon  had  gone  south.  He  made 
his  headquarters  at  the  Juzgado  and  strength- 
ened his  command  by  the  enlistment  of  a  few 
volunteers.  The  tide  of  war,  however,  had 
flowed  southward,  and  with  the  exception  of 
a  short  expedition  against  the  Indians  of  the 
San   Joaquin   Valley,   the.  military   operations 


did  not  amount  to  much.      Watmough  return- 
ed to  his  vessel  in  October. 

At  this  time  Commander  Hull  of  the  U.  S. 
sloop  of  war  Warren,  was  in  command  of  the 
northern  district  of  California  and  from  him 
issued  commissions  to  Charles  M.  Weber  as 
captain  and  John  M.  Murphy  as  lieutenant  of 
a  company  to  be  enlisted  in  the  land  service 
to  ser\-e  during  the  war.  They  raised  a  com- 
panv  of  thirty  and  established  headquarters 
in  an  adobe  building  on  the  east  side  of  what 
is  now  known  as  Lightston  Street.  This  com- 
pany did  good  service  in  scouting  the  country 
and  preventing  depredations  by  the  straggling 
remnants  of  Castro's  command  and  in  securing 
sui)plies  for  the  use  of  the  troops. 

About  the  time  Weber  and  Murphy  receiv- 
ed their  commissions  a  body  of  emigrants  ar- 
rived at  Sutter's  Fort  where  they  were  met  by 
Cai)tain  Smith,  of  Fremont's  Battalion,  who 
had  been  detailed  as  a  recruiting  officer. 
Among  the  emigrants  was  Joseph  Aram,  wdio 
afterwards  became  an  honored  resident  of 
Santa  Clara  Count)-.  Aram  immediately  en- 
listed and  wtis  appointed  a  captain.  With  his 
volunteers  he  proceeded  to  escort  the  families 
of  the  emigrants  to  Santa  Clara  where  he 
made  his  headrpiarters  in  Novemlier.  The  ac- 
commodations AN'ere  A'ery  inadequate  and  the 
season  being  a  rough  one,  fourteen  died  before 
Feliruarv  and  many  more  became  seriously 
ill.  Ca])tain  Aram  had  a  force  of  thirty-one 
men  and  hearing  that  a  Colonel  Sanchez  with 
a  large  force  of  mounted  Mexicans  was  threat- 
ening the  Santa  Clara  Mission,  he  proceeded 
tc)  put  it  in  as  good  a  condition  for  defenses  as  . 
his  means  woulfl  permit.  Wagons  and  even 
branches  cut  from  the  trees  on  the  Alameda 
were  used  as  barricades  across  the  various 
approaches. 

At  the  time  Captain  Aram  took  possession 
of  the  Alission,  Captain  Mervin  of  the  U.  S. 
Navy  sent  Lieutenant  Pinckney,  of  the  Savan- 
nah, and  sixty  men  to  reinforce  AVeber  and 
Murphy  at  San  J<ise.  On  the  afternoon  of 
Novemlier  2,  this  force  took  possession  of  the 
Juzgado  and  transformed  it  into  a  barracks, 
entrenching  the  position  by  breastworks  and 
a  ditch.  Videttes  were  stationed  on  all  the 
roads  and  a  sentinel  was  posted  on  the  Guad- 
alupe bridge.  In  addition  to  these  precautions 
Weber  and  Murphy's  company  were  almost 
continuall}'  in  the  saddle,  scouting  the  country 
in  all  directions.  This  was  absolutely  neces- 
sary as  the  Mexican  Sanchez,  with  a  large 
force,  was  hovering  around  the  valley  picking 
up  stragglers  and  looking  for  a  favorable  op- 
portunity for  a  sudden  attack.  At  the  same 
time  the  Americans  were  anxious  to  meet 
Sanchez    on    a    fair    field,    but    the    Mexican's 


inSTom-   OF   SANTA   CT.ARA   COUNTY 


53 


nio\  cnicnts  were  so  erratic  that  he  could  not 
be  broug'ht  to  bay. 

Ill  the  first  days  of  September,  Sanchez,  by 
means  of  an  ambush,  surprised  and  captured 
Lieutenant  AW  A.  Bartlett  of  the  U.  S.  sloop 
AN'arren.  ^  l^artlett  was  then  acting-  as  alcalde 
At  San  iM-ancisco.  He,  with  five  men,  were 
out  lookinj:;-  for  supplies  of  cattle  and  reached 
a  point  near  the  Seventeen  Mile  House  in 
what  is  now  San  Mateo  County,  when  San- 
chez and  his  men  dashed  out  from  the  brush 
and  made  the  Americans  prisoners.  Martin 
Corcoran,  afterwards  a  prominent  resident  of 
San  Jose,  ^\■as  ^\-ith  the  captured  party.  The 
prisoners  were  taken  to  Sanchez  camp  among 
the  redwoods  in  the  footl)ills  of  the  Santa 
Cruz  Range.  Word  was  liroug'ht  to  San  Jose 
that  Sanchez  \\'as  somewhere  in  the  northern 
part  of  the  valley  and  Weber  and  Murphy, 
with  their  company,  started  out  in  pursuit. 
After  advancing  a  icw  miles  they  learned  that 
Sanchez  had  received  large  accessions  to  his 
force  and  was  occupying  a  strong  position  in 
the  hills  back  of  San  Mateo.  Captain  AVeber's 
little  company  being  too  small  to  render  an 
attack  advisable,  the  march  was  continued  to 
San  Francisco,  where  Weber  reported  to  the 
Commander. 

As  soon  as  A\>ber  had  passed  on,   Sanchez 
came  out  of  the  hills  and  encamped  on  the  Hig- 
uera  ranch,  north  of  San  Jose.   Two  days  later 
he   started   for   the  pueblo   thinking   he   could 
capture  it  without  a  fight  as  Weber's  defenders 
had  gone.     He  to<ik  up  a  position  on  the  Alma- 
den  road,  south  of  town  and  sent  in  a  flag  of 
truce,   demanding   surrender   and    stating   that 
he    had    ^vith    him    two    hundred    men    whose 
eagerness   for   battle   could   with    difficulty   be 
restrained  ;  but  if  the  American  forces  would 
leave    San   Jose    the_v   would    be   permitted    to 
depart  unmolested.      Lieutenant  Pincknev  re- 
fused  the  offer,   doubled  his  guards  and  pre- 
pared for  battle.     That  night  was  one  of  great 
anxiety  to  the  little  band  l)ehind  the  intrench- 
ments  on   Market   Street.     Every  one  \\-as  on 
the  alert  and  although  each  ner^■e  ^\'as  strung 
to  the  utmost  tension  there  A^-as  no  flinching. 
During   the    night   Sanchez   circled   round   the 
town   and   carefully   inspected   the   position  of 
the   Americans   from    ever}'   point.      When   he 
saw  the  preparations  made  for  his  reception, 
his  heart  failed  him  and  he  rode  ofT  with  his 
command  and  went  into  camp  about  five  miles 
north  of  Santa  Clara.     He  kept  with  him  Lieu- 
tenant Bartlett  and  his  men.     At  that  time  J. 
Alexander   Forbes,   the   acting   Jjritish   Consul 
was  at  Santa  Clara.     Taking  a  small  English 
flag  in  his  hands,  Mr.  Forlies  visited  the  camp 
of  Sanchez  for  the  purpose  of  negotiating  for 
the  release  of  the  prisoners.    Sanchez  was  will- 
ing that   Bartlett  might  go   with   Forbes,   but 


Would  not  Consent  that  Ijartlett  should  go  to 
the  .Americans  unless  they  would  deliver  tip 
Ca]it.  C.  M.  AVeber  in  his  |)lace.  F'orbes  com- 
municated this  ])roposition  to  llie  Commander 
at  v^an  l''rancisco  and  pending  a  reply  torik 
P>artlett  1(]  Santa  Clara.  AV^)rd  came  quickly 
that  Sancliez'  proposition  c(juld  ncjt  l)e  enter- 
tained and  Bartlett  was  returned  to  the  Mexi- 
can camp. 

During  this  time  AA'eber's  ffirce  in  San  FVan- 
cisco   was  joined   In-  other   f(")rces,   and   placed 
under  the  command  of  Ca])t.   AA^ird   Marstcm, 
L.    S.    Marine   Corps,   of   the    Sa\-annah.      The 
composition   <if   this   small   arm}'   was   as    fol- 
lr)ws :      Thirt\--fi  lur    marines    commanded    by 
T^ieut.  I-Joliert  Tansell ;  a  si.x;  pound  ship's  gun 
and  ten   men  commanrled  li}'  ^Master  AVilliam 
F.    D.    Gough,   assisted    b\'    Midshipinan    John 
Kell ;    the    San    jose    A'olunteers,    a    b(Kly    of 
thirt\'-three   mounted   men   nuder  command  C)f 
Capt.    Clias.    M.    A\'elK'r    and    Lieut.    John    M. 
Mur])h}-  \\-ith  James  F.  l^eed,  seeking  relief  for 
the  Donner  party,  as  second  lieutenant ;  Verba 
Ikiena    A'olunteers    under    command    of    Capt. 
AX'illiam  F.  Smith  and  a  detachment  of  tweh'e 
men  under  command  of  Cajit.  J.  ]Martin.     The 
whtile    liirce    numbered    101     men.      They    left 
San   l^^rancisco  and  on  January  2,   \H47,   came 
in   sight  of   Sanchez'   forces   al)out   four   miles 
north  of  Santa  Clara.     The  Mexican  force  was 
about  250  men  but  notwithstanding  the  odds 
wert  two  to  (me  against  them  the  Americans 
ad\anced    to    the   attack   with    confidence    and 
enthusiasm.      Sanchez,      ^vhose      scouts      had 
brought  him  intelligence  of  the  aproach  of  the 
troops  from  San  Francisco,  first  sent  his  pri- 
soners toward  the  Santa  Cruz  Mountains  and 
then  with  great  show  of  valor  made  ready  for 
battle.      As    soon   as    the    Americans    came    in 
sight   of   the   enemy   they   ])ressed   foward   for 
an  attack.     Sanchez  fell  back  and  the  Ameri- 
cans   continued    to    advance.      They    brought 
their   one   piece  of   artiller\'   into   p(.)sitic)n   but 
at   the   third   round   it   -was   dismounted   by  the 
recoil  and  half  buried  in  the  mud.     The  infan- 
try   ho\\'ever,    kept    up    a    hot    fire,    whenever 
the}"  could  get  in  range,  ^xdiich  owing  to   the 
extreme    caution    of    the    Mexicans,    was    not 
often.     A  good  deal  oi  ground  was  thus  tra- 
versed   until    finally    Sanchez    made    a    strong 
demonstration  around   the   right  flank  of   the 
Americans,    hoping   b}-    this    maneu\er    to   cut 
ofl^  and  stam|)ede  a  large  band  of  horses  that 
were  in  the  charge  of  the  United  States  troops. 

The  reports  of  the  artiller}'  and  the  volleys 
of  the  musketry  had  aroused  the  people  of  the 
Mission  of  Santa  Clara.  The}"  ascended  the 
house  tops  to  witness  the  battle.  Capt.  Aram, 
with  the  men  under  his  command  wished  to 
join  the  conflict,  l)ut  as  all  the  women  and 
children  of  the  countrv  were  under  American 


54 


HISTORY   DF   SANTA   CLARA   COUNTY 


militar\-  jirotectii  m,  Aram  did  iiDt  feel  at 
liliert}-  t(i  aliamlrm  them,  especially  as  Sanchez 
in  his  retrnrrrade  mriAement,  A\-as  ap]-)roaching- 
the  Missinn.  lint  "when  the  Mexicans  made 
the  demonstrati'in  on  the  American  rit;-ht,  he 
marched  liis  men  Avitli  sjieed  tn  attack  v^an- 
chez'  rig-ht  Axing".  At  the  s;ime  time,  WAher 
and  ^hir])hA''s  cnmitany  char<;-ed,  the  ciimliined 
fi"irces  ilriNinL;'  the  ?\fexicans  I'rrim  the  field  and 
toward  the  Santa  Crnz  ^lountains  A\diile  the 
Americans  marched  in  trinmph  to  the  }ilissiiin. 
Idle  ?\le:-:u-an  loss  A\as  four  riien  killed  and 
four  wiiunded.  ddie  Americans  had  twn  men 
sli,t;-htl\'    w'liunded. 

Soon  after  Sanchez  had  keen  dri\-en  from 
the  field  lie  sent  in  td  the  Mission  a  Hag  <  if 
truce  iiffrrinL;'  a  ci  mditii  ^nal  surrender.  d'he 
re]dA-  was  that  the  surrender  must  he  uncondi- 
tional. Sanchez  rejdieil  that  he  would  die 
rather  than  surrender  except  nn  the  conditions 
jiroposed  \>y  him.  At  krst  a  cessatinn  of  hos- 
tilities; was  a'.^reed  njion  until  such  time  as  Ids 
proposition  cduld  he  stdmiitted  to  the  Com- 
mander iif  the  district  at   San   Francisco. 

During;"  the   arndstice   and   the   da}-  after   the 
kattle,    Januar)'    ,\    Cajit.    Aram    went    to    the 
^lexican   corral   to   look   for   some   horses   that 
had  keen   stolen   from   the  Americans.     A\  hile 
in    the    ]\lexican    cam])    \\-ord    was    krouL^i'ht    in 
that    another    American    force    was    adwancing 
from   the   direction   of  the   ^^anta   Cruz   Mount- 
ains.    Sanchez,  Axdic)  seemed  in  !_;Teat  fear  of  an 
attack,    requested    Cafit.    Ar<am    tri    l;"("i   out   and 
meet  them   and  inform   them   of  the   armistice. 
As  no  reinforcements  A\'ere  exjiected  from  that 
direction    Aram    could    nrit    imag-ine   wdiat    this 
force  cciuld  lie,  hut  he  rode  out  to  meet  them, 
ddie     acting-     Fritish      C'rinsuk     J.     Alexander 
Forbes,   accompanied   him.      It   seems  that   the 
hope  that   England   \\-oidd   take   a   hand   in   the 
affairs    of    California    A\as    not    entirely    al)an- 
doned,     for     as     I^ieutenant     Alurphy     stated. 
Forbes  carried  A\-ith  him,  concealed  under  his 
saddle,    a    sn-iall    British    flag,    ]>resumahly    for 
the     pin-pose     of     in\-(-iking     tlie     aid     of     the 
strangers    should    theA'    pro\-e    to    he    Eng-lish. 
Several  of  the  n-ien  in  the  escort  saw  the  flag 
and  said  afterAA'ard  that  had  an  attempt  been 
made  to  induce  British  interference,  the  bearer 
of  the  flag  wrnild  nrit  haA-e  sur\-iA-ed  to  tell  the 
story    of    his    ne.gotiations.      As    it    happened, 
hoAvcA^er,  the  ncAv  party  prc-jA'ed  t(-j  be  a  force 
of    fift}'    nine    men    under    command    of    Capt. 
Maddijx  of  the  LT.  S.  Na\-}-.     They  Avere  disap- 
jjointed  to  hear  of  the  armistice  but  respected 
its    ccmditions.      Three    days    after    this    event 
a  courier  arriAed  from  San  Francisco  inform- 
ing   Capt.    Marston    that    Sanchez'    surrender 
n-iiist    be    unconditi(mal. 

(  )n  the  next  day,  the  7th,  Lieutenant  Gra}'- 
son  arrived  at  the  Alission  with  another  rein- 


forcement of  fifteen  men  and  on  the  8th  San- 
chez uncondilionall}-  surrendered  his  entire 
force.  His  men  were  alkiwed  to  return  to 
their  homes,  which  the  m.'ijcjritA'  of  then-i  did, 
ti-i  aftei-AA'ard  become  good  citizens  c)f  the 
Cnited  St;ites.  v^ancliez  A\-as  taken  to  vSan 
I'rancisco  and  fijr  a  time  was  held  prisoner  of 
war  on  board  the   Sa\'annah. 

ddie  battle  of  Santa  Clara  w-as  the  last  of  the 
Iii-istilities  m  this  count}-.  The  theater  of  Avar 
Avas  transferred  to  the  south  and  no  hostile 
gun  was  afterward  fired  in  the  beautiful  Val- 
\ev  of  Santa  Clara.  I  hit  few  months  elapsed 
after  this  engagement  kiefore  the  soldiers  C)n 
both  side.-^  were  mingled  together  in  the 
friendliest  kind  of  business  and  social  re- 
lations, 'kliis  will  not  seem  remarkable  when 
it  is  remeniliered  that  the  inhaljitants  of  Cali- 
foi-jiia  had,  for  Aears,  been  dissatisfied  Avith 
their  relations  to  the  Alexican  GoA-ernment. 
ThcA-  had  criiitemplated  a  rcA-cilution  and  had, 
in  a  manner,  accomplished  it  Avhen  they  drove 
2\Iicheltorena  from  the  country.  It  is  true  they 
had  no  lo\-e  for  the  United  States,  but  that 
gr)\-ernment  liaA'ing  taken  possession  of  the 
count]-}-,  tlie}-  accejited  the  situation  as  being 
much  better  than  their  former  condition,  al- 
tliough  not  A\liat  tlie\-  liad  hoped  tc)  achicA-e, 
Idle  ei|ual  justice  AA-hich  was  administered  1iy 
the  ^Xmencans  soon  reconciled  them  to  their 
lot  and  in  a  few  }-ears  they  congratulated 
tliemselves  o\-er  the  fact  that  things  Avere 
much   better  than   the}-  had  expecterl. 

Hostilities  between  the  United  vStates  and 
Mexico  ceased  earl}-  in  1S48  and  on  February 
2nd  of  that  }-ear  the  treaty  of  Guadalupe 
Ilidalgcj  was  signed.  B}-  its  terms  California 
A\-as  cedeil  to  the  contpierors.  Idiis  treatA'  A\'as 
ratified  li}-  the  I'resident  of  the  LTnited  States 
on  Alarcli  16,  A\-as  exchanged  at  Oueretaro  on 
Ma}-  ,iO,  and  w-as  piroclaimed  Ij}'  the  President 
on    |ul\-  4tli. 

California  was  now  the  propertA'  of  the 
L'nited  States  l)Ut  had  neither  territorial  nor 
state  organization.  In  fact  it  had  no  territor- 
ial existence  until  1849.  During  this  time  its  af- 
fairs w-ere  administered  by  the  senior  military 
officers  stationed  in  California.  These  military 
governors  Avere :  Commodore  John  D.  Sloat, 
July  7,  1846;  Cornmodore  Robert  F.  Stock- 
ton, August  17,  1846;  Col.  John  C,  Fremont, 
lanuarv  1847;  Gen.  Stephen  W.  Kearney, 
":\Iarcli,1847;  Col.  Richard  J',.  Mason,  May  31, 
1847;  Gen,  I'.ennett  Riley,  April   13,   1849. 

Capt.  Thomas  Fallon,  \\-ho  raised  the  first 
American  flag  in  the  Santa  Clara  Valley,  ac- 
companied Fremont  in  the  pursuit  of  Pio  Pico. 
After  the  Avar  ended  he  took  up  his  residence 
in  San  Jose,  erecting  A\hat  Avas  then  consid- 
ered the  finest  mansion  in  the  pueblo.  It  stood 
on  San  Pedro  Street  at  its  junction  with  Avhat 


lllST()k\-   C)\'    SANTA   CI.ARA   CoUN'IA'  55 

'^    ""\\'    >'^:iii    Au!;-ustiiu-    Street    and    extended  'I'lu'   i^rain   in   llie   liclds  ^rew  and   rijiened,  hut 

''^^^"'■^    *"    t-lialMdla    AUex  .      The    j^mnnds    were  wailed   ni   \ain    inv   tile   i-eajier  and    was   linally 

spaenuis   and    were   iilanted    m    I'rnit    trees   and  wasteij  nr  de\ .  iiireil  liy  tlie  rn\  mi;-  In  i.i^'s.     Each 

tiowenn^-  plants.     Here  the  hMSjiitahle  captain  re]Mirl  ni  a  rich   liml  intensilied  the  excitement 

kept    I'pen     liimse     lor    years.       Me    had    three  wddle  the  nnnn.'riins  sti)ries  oi  disa.ppointment 

daui;hters   l>y    his    hrst   wile,   a   native   of   I\Iex-  seemed    not    in    alla\'    the    lescr.      T(j\vn    and 

'*-""■      .''■^'■"-^.    \^  ^'i"c'     loiiked     npi.n     as     the    three  C(innt>-   were   deserted,      ddiere   heint;'   nu   ernps 

lieanties    nl     ihe    pueMn.      The    (ddest,    Anita,  fnr    lack'   (it   haiwestin^-  all   foiMl    snjjplies   w^ent 

married  J.ilin    \\  Alalniie,  who  was  a  o-fadnate  nj)    to    falmkins    ]iiices.      Tlic    flniir    nsed    was 

nt  Santa  idara  Cnlk-.t^e  and  a  la\v_\  er  of  stand-  kron^ht  chietl}'  frMin  Cdiile  and  s.ild  I'nr  twenty 

ing-  an.l  akiluy.     A\diile  lie  was  deput}'  district  dollars  a   karrek      JAerything'  else   m   the  way 

attorney    he    was    seizeil   \\ath    the   stage   fever.  nl  fooik  except  meat  was  iiri  ijinrtii  niatel}'  high. 

.Vkanduiiing   the   law   he   studied   for   the  stage  I.akor,    when    it   eimld   ke   pr..cnred    was    from 

and  in  the  early  ei.ghties  made  kis  professional  ten   to  eighteen  dullars  pier  da}'.     Tvtimker  cost 

delnit  in  San  kraneisco  ai)pearing  as  "Romeo"  $1()(.)  ])er  thousand  feet  for  hanling  akme.     For 

to  the  "Inliet"  ol  ?\liss  Fdeaiiur  Callmun.  a  San  two  years  the  (midiis  raised  on  akunt  six  acres 

Jose  girk  who  liad  adupited  tlie  stage  as  a  pro-  nf    <;r(innd    wliere    tlie    Sontkcrn    I'acilic    depot 

fessiun    a.nd    wlio    is    n.iw    (k'JJl    the    wife    of  stands  yielded   a   net   prnlit   nf  $_'( l,(.)l H )   a   }-ear. 

J'rince  l.a;:aroMtck  nf  Serkia.     .Mak>ne  starred  'pp^    tw..    most    ];rominent    towns    in    Cali- 

several   year.,   m   the   hast,   and  was  secretary  f,,,-,,;.^  ;„   ]S4,S  were   ^Aad.a  kUiena   (San   I'ran- 

ot  the  i-layers    C  Ink,  Xew  \  ork  City  wdien  he  eisc)    and    San     |o.se.      AVhen    the    gold    dis- 

died.      His   wife   kecame   an   actress   kefore   his  ...werv   Avas    made    Charles    E.    AVhite    was    al- 

death.     Another  of  Captain   Fallon's  daughters  calde'of  San    )ose  and  Idarry  J'.ee,  alguazil,  or 

married  Aat  j.  I'.rittam,  a  pr(,ininent  San  Fran-  sheriff.      All    the    males,   wit'h    few-   exceiitions, 

CISCO   elukman.      In    1862   Fallon   ran   lor   state  joined   the   stampede,   leaving  kehind   onlw   the 

senator    on     the    F^enn.cratie     ticket    but    was  ;,P1    men    and    the    women    and    children."     On 

keaten  ky  Josepli_  G.  A\'allis,  of  ]\tayfield,  l<.e-  account  of  the  favoraljle  kncation  and  quietude 

pukihcan.     in  k^67  he  w^as  the  successful  candi-  ,,f  the  town  men  from  iither  settlements  came 

date    for    county    treasurer,    defeating    Moody,  to   San    lose,   left  their  waves  and  families  and 

Repuldican,   k_v-   sixty-one   votes.      He  held   no  then  hurried  off  to  the  mines. 

other   important  piihlic   office,  pj^^-j.^  g^^  ^p^^  p^^j  ^^,-^dgj.  pj^  ^,p,^,.o-e  in  the 

Lieut.   John   .Al.   Murphy,  who  was   Captain  ,.aia),oo'se    ten     prisoners     (Indiansj,'   two    of 

\\ekers_  second    m    command    during    hostili-  u-h.nu  were  charged  with  murder.     AVhen  Al- 

ties   m   .Santa   Clara  A  alley  diu-iiig  the   Alexi-  ^,,^p,p  ^ypj^^  announced  his  intention  to  leave 

can  war,  was  the  son  of  Martm  Murphy,  Sr.,  j,,,.  ^p^  ,,^,„^.,_  ,|.„-,.,.  -^^ked  him  what  disposi- 

and  alter  the   discovery  ot  g(,ld,   went  to   the  t„,„   ,,f   ^p^   pi-is,,ners   should   be   made.      "Do 

mines,  taking  with  Tim  a  stock  of  .goods.     He  ...p^^t   vou   like   with    them,"   was    the   answer. 

employed  tlie  Indians  to  prospect  and  dig  for  Harrv' considered  awhile  and  at  last  came  to 

him  and  ])rokakly  had  luore  g<dd  m  his  pos-  ^pg  eonclusion  that  it  would  never  do  to  leave 

session   than   other  miners  ^on  the  coast.     He  ^p^    Indians    m    the    pueblo    with    none    but 

was  the  hrst  treasurer  ot  Santa  Clara  County  ,v(>men   and   children   about,    for   he,   too,   had 

and  was  afterward  elected  recorder  and  then  j^^^^jg  ^,p   pj^   ,„i„j   ^^,   ^^   ^o   the   mines.      He 

sheritl.    His  wile  was  A^irginia  F.  Reed,  daugh-  p„j^p,-  determined   to   take   the   Indians   along 

ter    ot    James    F     Reed    and    one    of    the    sur-  ^^.^^p '  p,„,    ^„j     ,,.,tp     p,,    father-in-law     and 

vivors    ot    the    ill-fated    Donner    party.      Mur-  ,       ,1        ■     1  ^     ^    i        ^     -d   t         1        ■        ^i 

,        ,  ,  1       ,    r  TT-  brotner-m-law  started  out.    Before  leaving  the 


phy    has    keen    dead    for    man}-    years.       Hi 
wddow  died  in  Los  Angeles  Feljruary  15,  1921 


lockup  the  Indians  promised  faithfully  not  to 


Charles  M.  AVeker  was  a  merchant  in  San  escape  and  to  serve  Harry  well  m  return  for 
Jose  Avhere  he  formed  his  volunteer  company  which  service  they  would,  after  a  time,  be  re- 
to  defend  the  pueblo.  He  accjuired  a  large  stored  to  liberty.  The  party  located  at  Dry 
tract  of  land  in  the  county,  raised  thousands  Diggings  on  the  American  River  and  for  three 
of  cattle  and  died  in  San  Joa(|uin  County  manv'  months  the  Indians  behaved  splendidly.  All 
years  ago.  the  dust  they  took  out  was  given  to  their  em- 
Gold   Is    Discovered  plover  and   thev   seemed   to   care   for   nothinc 


The    discovery    of    gold    in    January,   1848, 


except  food  and   shelter.     At   the  end  of   two 


created   the   greatest   excitement  in   San  Jose,  '"onths   the   miners   thereabout  began   to   talk 

The  ne\vs  came  after  the  grain  crop  had  been  to  them  about  the  shabby  way  in  which  they 

planted.       All    business    was    suspended    and  were  treated,  telling  them  that  they  were  un- 

everybody   rushed    to   the   mines.      Many   sue-  <ler  no  restraint,  that  the  gold  they  took  out 

ceed'ed  in  obtaining  a  good  supply  of  the  prec-  was    their    own    property    and    wound    up    by 

ious  metal,   but  many  more   did  not  succeed,  giving  them  the  curse  of  the  aborigine,  "fire 


56  HISTORY   OF   SANTA   CI.ARA   COUNTY 

water."  Harrv  soon  noticed  a  chansje  in  their  l)ovs  on  tlie  ranch.  Durins?  the  play  one  of 
manner  and  as  he  had  cleaned  up  a"  g-ood  pile  the  lioy,s  named  Valencia,  a  nephew  of  Cha- 
he  resolved  to  return  to  San  Jose.'  Accord-  holla,  accidentally  injured  the  horse  of  young 
inglv  he  left  the  Indians  in  full  posession  of  Pvle.  The  horse  was  so  nearly  disabled  that 
his  claim  with  all  the  tools,  etc.,  and  departed  another  had  to  he  procured  to  take  young 
hcmieward.  He  afterward  learned  that  the  In-  I'vle  home.  After  young-  Pyle  had  left  the 
dians  .,n]v  worked  one  dav  after  his  departure  ranch  Valencia's  companions  began  to  plague 
and  then"  devoted  what  dust  thev  had  in  get-  him  alx.ut  his  awkwardness,  saymg.  among 
ting  ,,n  a  glorious  drunk,  which' was  not  un-  other  things,  that  upon  hearing  young:  Pyle's 
mixed  with  blo,,dshed.  Not  one  of  them  ever  story  the  jiarents  would  make  Valencia's  moth- 
returned  to  San   lose.  er   jiay   for    the    injury.      Valencia    appears    to 

Tj         o    ,  ,    XT  "     1  i            1        r    1   ■     T         \„  have  been   a  A-erv  sensitive  boy  and  his  com- 

Hon.  S.  (  ).  Houghton,  whn  died  m  Los  An-  '"'^^    '  ^^       ,,,-■,-,•               '.           i          -^  i 

,          r                                        1.1           1    o        I    ^  iianions  w(-irked  his  teelings  up  to  such  a  pitch 

geles  a  few  rears  ago,  iiassed  through  v^an     (ise  i"'.!    i.,    ^^         ^^       ,  ,      ,-    ,,         V)    i           i       \.       + 

■^     ,1       r  11  ■  r   MO  '^      c     1    ^1         I                   ^  that  lic  deteriiiinef    to  to  low  Pvle  and  extract 

m   the   tall   ot    48   to   hud   the   place  compara-  ^""^  nc    ilici  .      ^                     i       ■     ,,             ■  a      *- 

^-      1       1         4    1        \ii   ii            1               1   4--        1      1  a   promise   to   keep    mum    abi-)Ut   tlie   accident. 

tu'eh'  deserted.     All  the  male  iiopulatic)n  had  ''1'    "",       '          ,'       ,             ,                            ,      , 

1       't    1  r       .1          •    .      1                  11+      „^f„,i  iMounted    on    a    tast    horse    he    soon    overtook 

departed  for  the  mines,  Inismess  had  stagnated  iooi-oo^^i                                   r  +i       i     ■    +    i             i 

,              ,1  •                        1+1           ■        ;           1  Pv  e  aiK    with   a   t  irow  ot   the  lariat  dragged 

and  e\ervt]Ting  ajipeared   to  be  .going  to  rack  ^ '^                                                                          ^^ 

and  ruin. 

coming  seasi 

terev    on    his    wav    northward,    purchased    of 

Capt.  Josepli  Aram,  a  redwood  board  for  the  When  young  Pyle  did  not  return  home  his 


No  provision  had  been  made  for  the      the  boy  fr,,m  h,s  horse.     He  then  cut  the  boy  s 
n      Mr.  Houghton,  while  at  Mon-      throat  with  a  knife  and  dragged  the  body  to 

the   toothills   and   covered    it   with   Ijrush. 


purpose  of  making  a  rocker  for  wdiich  he  paid 


relatives  and  friends  instituted  search  for  him 


one  dollar  per  foot.  Sawmills  were  a  i)aving  but  without  result.  No  clue  to  his  wdiere- 
business  those  davs.  After  returning  from  the  abouts  was  discovered  until  1849  and  the  man- 
mines  .Mr.  Houghton  emploved  men  in  a  saw-  ner  of  the  discovery  was  for  years  a  subject 
mill,  paving  them  as  high 'as  sixteen  dollars  "f  rlispute.  P'rederic  Hall,  m  his  history  says 
per  dav.'  When  the  gold  excitement  broke  out  that  in  1849  a  brother  of  young  Pyle  met  in 
the  following  persons  were  in  and  about  San  tlie  San  Joaquin  Valley  a  man  who  said  he 
Jose.  Moses  Schallenberger,  Frank  Lightson,  knew  all  about  the  killing.  He  was  brought 
Charles  E.  V'hite,  T-  W.  Weeks,  Ephraim  to  San  J,,se,  the  remains  of  the  murdered  boy 
Fravel,  Ceorge  Cros.s,  A.  Pfister,  Isaac  P.ran-  were  found  and  the  arrest  of  A'alencia  soon 
ham.  Dr.  Ben  Cory,  John  M.  ^Muriihy,  Thomas  f<-)llowed. 

Campbell,   Capt.   Joseph   Aram,   AYilliam   (rul-  Auiither  stor-\-  was  related  by  the  late  Julius 

nac,    Charles    Al.  "Weber,    AV.    C.    Wilson,    Ed-  Martin,  of  (biroy.     In  1849  Alartin  had  a  band 

ward  Jolmson,  Peter  Davidson,  Josiah  Belden,  of    cattle    in    the    xicinit^-    of    ]\lormon    Island. 

Zachariah  Jones,  T-*.  Haggert}',  Jonathan  Parr,  (  )ne   of   his   Spanisli   vacpieros  named   Camillo 

the    Pyle    family,    M.    D.    Kell,    Peter   Ouinc}-,  Rainero  was  taken  ill  \vith  a  fever  and  Martin 

Hiram  Miller,  Samuel  A'oung,  Joseph  Stillwell,  brought  him    to  his    (Ramero's)    home   in   the 

Arthur    Cal(h\'ell,    James    F.    Reed,    Clement  Santa  Clara  A^allew     (Jne  night  as  thev  were 

Bugbee,     Wesley     Hoover,     James     Enright,  riding    near    the    Ilernal    ranch,    Ramero    was 

Harry  Bee.     This  does  not  complete  the  list,  taken    with   a   chill,   and   fearing   that   he   was 

but  nearly  so.     Parties  were  organized  for  the  \\-as   about    to   die,    toM    Martin   all   about   the 

mines  and  explorations  were  carried   on  until  murder    of    )-oung    Pyle,    wdio    did    it,    how    it 

just  before  the  rainy  season  when  the  major  \vas  done  and  wdiere  the  body  had  lieen   hid- 

part  of  the  gold  seekers  returned.    Before  the  den.      lie  said,  among  other  things,  that  after 

opening  of  spring,  wdien  new  expeditions  had  young  Pyle  had  been  dragged  from  his  horse, 

been  fitted  out,  the  population  had  largely  in-  Valencia   rode   away,   but   soon   after   meeting 

creased  and  the  city  was  left  in  a  more  secure  his  uncle  was  told  that  if  he  did  not  go  back 

condition.      Numbers    had    already    increase<l  and  kill   PyU-  the  Americans  \vould  hang  him 

their    store    of   .gold    to    a   satisfactory   extent,  for  what  he  had  already  done.     The  statement 

wdiile  others  wished  to  try  their  hand  again.  so    worked    on    the    l)ov's    fears,    that    he    went 


Killing    of    Young    Pyle 


back,  killed  Pyle  and  concealed  the  bod}'  near 
Sih  er  Creek,  I)e\'r)iid  Evergreen.  Martin,  after 
No  single  event  created  more  interest  and  hearing  Ramen'i's  story  came  at  once  to  San 
excitement  m  San  Jose  and  vicinity  than  the  Jose  and  meeting  Cad.  Keyes  told  him  what 
killing  of  young  Pyle  by  a  Mcxkan  named  Ramero  had  confessed.  Keves  chanced  to  find 
\"alencia  in  1847.  From  a  great  mass  of  John  P3de  in  town  and  they  made  up  a  posse 
stories  the  following  facts  ha\e  been  gleaned:      and   arrested   Valencia. 

In    1847    young    Pyle,    son    of    Ivlward    Pyle,  A  party  consisting  of  Peter  Davidson,  John 

visited  the  ranch  of  Anastacio  Chabolla  for  the      Pyle,   AYilliam    McCutchen   and   a   few   others 
purpose    of   playing    with    the   young    Spanish      went  out  to  find  the  murdered  boy's  remains. 


HISTORY   OF   SANTA   CLARA   COUNTY 


57 


Tlicy  \\-ere  found  in  the  jilace  indicated  by 
Raniero.  It  was  afterward  learned  that  \"a- 
lencia  had  been  h\int;-  a  hie  of  torment  ever 
since  the  commission  of  the  deed.  From  the 
place  where  he  li\ed  to  the  spot  where  he 
had  hidden  the  body  of  his  \  ictim  a  path  had 
been  worn  liy  frequent  ^■isits.  It  was  said 
that  hardly  a  nigdit  passed  without  seeing  him 
trudging-  the  lonely  path  to  the  gra\e  of  his 
\ictim.  After  his  arrest  A'alencia  was  arraigned 
before  K.  H.  Dimmick,  Judge  of  the  First  In- 
stance. He  confessed  to  the  crime  before  his 
trial  and  the  trial  resulted  in  a  convicticm. 
The  execution  took  place  on  ^Market  Plaza  in 
the  presence  of  Judge  Dimmick  and  a  large 
nunrber    of    spectators. 

Local    Government 

Pending  the  meeting  of  the  con\'ention  and 
the  adoption  of  a  new  state  constitution  in 
Monterey  in  October,  1S4*^\  the  country  was 
ruled  pro\isionally  b}-  American  officials.  Each 
large  settlement  had  for  chief  officers  an  al- 
calde, wdio  under  Mexican  laws  had  the  en- 
tire control  of  municipal  atiairs  and  adminis- 
tered justice  pretty  much  according  to  his  own 
ideas  on  the  suliject,  without  being  tied  down 
In"  precedents  and  formal  principles  of  la\v. 
He  could  make  grants  of  bmlding  lots  within 
the  town  boundaries  to  intending  settlers  and 
really  his  right  of  administration,  except  in 
cases  of  grave  importance,  seems  to  have  been 
limited  only  by  his  power  to  carrj^  his  de- 
crees into  effect.  When  the  Americans  seized 
the  country  they  were  obliged  to  make  use  of 
the  existing  machinery  of  local  government 
and  the  customarv  laws  that  regulated  it.  They 
accordingly  everv'where  ap]K)inted  alcaldes  of 
towns  and  districts  and  instructed  them  to  dis- 
pense justice  in  the  best  possible  manner,  pay- 
ing always  due  regard  for  the  national  laws 
of  ^Mexico  and  the  provisional  customs  of  Cali- 
fornia. 

Such  was  the  condition  of  the  town  gov- 
ernment wdien  that  memorable  year,  1849, 
opened.  The  rulers  in  the  Pueblo  of  San  Jose 
were  as  follows:  H.  K.  Dimmick,  to  August, 
first  alcalde ;  Richard  M.  May,  from  August 
to  NoA'ember,  first  alcalde :  John  C.  Conroy, 
from  November,  first  alcalde  :  Jose  Fernandez, 
second  alcalde;  John  T.  Richardson,  from  No- 
vember 2  to  December  3,  judge  of  the  first 
instance ;  W.  M.  Kincaid,  from  December  3, 
judge  of  the  first  instance.  The  Juzgado,  fjr 
court  house,  was  located  on  Market  Street, 
corner  of  El  Dorado  (nowr  Post).  It  was 
built  of  adobe  and  had  a  primitive  and  weather- 
beaten   appearance.' 

In  1847  a  survey  of  the  town  had  been  made 
and  streets  laid  out  and  in  1849  the  three 
main    thoroughfares    were    Market,    First    and 


Santa  Clara  streets,  the  last  named  taking  the 
lead  as  far  as  travel  and  business  were  con- 
cernc<l.  There  were  but  few  business  houses 
earl\'  in  the  vear.  Rightston  iv  Weber  held 
fortli  in  an  adube  l)uilding  on  the  southeast 
Corner  of  Santa  Clara  and  Eightst("in  streets. 
There  was  no  hotel  in  town  then  and  emigrants 
or  strangers  had  the  alternati\'e  of  either 
slee])ing  in  tlie  ojien  air  or  paving  as  high  as 
$50  a  month  for  a  place  on  the  floor  in  the 
second  story  of  Rightston  &  Weber's  store  or 
other  adobe  strtictnres.  Josiah  Belden  and 
W.  R.  I'asham  trafficked  in  a  tile-roofed  Ijuild- 
ing  on  Market  street  at  the  corner  cjf  San  An- 
tonio street.  J.  D.  Hoppe  had  a  store  in  an 
adobe  on  the  c<irner  of  Market  and  El  Dorado 
streets  and  William  McCutchen  and  B.  H. 
(jordon  (afterward  a  larmer  in  the  San  Felipe 
Vallev')  did  business  in  a  frame  structure  on 
First  street,  near  the  corner  of  Santa  Clara 
street.  On  the  Knox  Block  corner  stood  the 
handsomest  and  most  aristocratic  Ifjoking 
adobe  residence  in  the  pueblo.  It  was  occu- 
])ied  by  Thomas  and  Frank  West  and  wdiat 
"was  a  wonder  in  those  da}"s,  it  was  i)lastered 
on  the  inside.  From  that  building  down  to 
Market  v^treet,  a  mustard  iiatch  flourished  in 
all  its  pristine  vigor.  The  bucolic  appearance 
"\\"as  relieved  son"iewhat  by  a  collection  of  mus- 
tard huts  put  up  by  the  native  California  popu- 
lation. The  long,  hardy  stalks  w"ere  selected 
and  with  the  aid  of  a  fewr  willow  branches 
and  a  liberal  supply  of  adobe  mud,  a  com- 
fortable abiding  place  was  constructed.  No 
pains  appear  to  ha\"e  been  si)ared  by  these 
children  of  the  plains  and  the  Sierras  in  thor- 
oughlv  ventilating  their  dwellings,  and  as  ven- 
tilation and  health  go  hand  in  hand,  it  is  not 
to  be  w"ondered  at  that  the  occupants  w"ere 
strong-limbed,   hardy   and   long-lived. 

Antonio  Maria  Sunol  sold  general  merchan- 
dise at  his  residence  on  the  west  side  of  Mar- 
ket Plaza  and  a  Chilean  firm  did  business  in 
P'eter  Da\"idson's  adol)e  Iniilding  on  San  Pedro. 

There  were  a  number  of  priN-ate  residences, 
constructed  of  adobe,  in  and  about  the  pueblo 
and  many  tents  and  a  few  wooden  buildings 
put  up  for  temporary  use  by  the  Americans.  In 
1849  the  t(w\"n  began  to  increase  rapidly  in 
prjpulation,  on  account  of  the  discover}'  of  gold, 
the  consecpient  tide  of  immigration  and  the 
ad\"antages  offered  by  vSan  Jose  as  a  place  of 
residence.  The  women  of  '49  deserve  a  larger 
share  of  praise  and  credit  than  has  generally 
been  accorded  them.  They  were  not  hot- 
house plants,  nor  spoiled  beauties,  narrow^- 
w"aisted,  w"eak-chested  and  doll-faced,  wdio 
manifested  n"iore  regard  for  fashion  and  the 
latest  novel,  than  housew"ork.  They  were 
women  of  force  and  worthy  coadjutors  of  the 
men  who   laid  the  basis  for   the   grand   civili- 


58  HISTORY   OF   SAXTA   CLARA   COUNTY 

zali.m  Mt  tnclay.     'J'he  habitations  (adolie,  tent      dangv.s  and  other  divertissements  made  up  the 
or   shacl<)    were   not   supplied   with    the   man}-      pro.^Tam  ol   pleasure. 


Vivid  Description  of  Early  Days 


lUN'eniences  of  tuda^'.  Man)"  of  the  house- 
hiild  utensils  ^\"ere  of  ])rimitiA-e  design  and  in 
the  matter  of  groceries  the  stock  was  not  as  The  condition  of  affau'S  m  San  Jose  at  this 
extensn-e  and  'varied  as  mav  be  seen  in  these  time  A\-as  graphically  described  by  the  late 
later  (kn,-.  In  place  of  the  handsome  and  "Orandma"  Bascom  m  a  story  transcribed  l)y 
convenient  range  or  gas  stove,  with  lal)or-  Mrs.  .M .  H .  Field,  which  appeared  m  the  Over- 
saving and  handy  accessories,  they  were  land  Monthly  in  1XX7.  The  tollowmg  excerpts 
obliged  to  put  up   with  an  adobe  fircidace  ijr  are   made: 

two   sticks   drix'en   into  tlie  ground,   forked   at  'AVe    reached    Sacramento    the    last    day   of 

their  upper  ends  with  a  third  stick  laid  across  flcti^lx-r.     Then  Ave  took  a   boat  to   San   Fran- 

thc  top  uiion  which  the  kettles  and  pots  were  ciscci.     It  rained  and  raine<l.     I  remember  that 

su.spended    alio\e    the    fire    underneath,      ddie}-  at    I'.euicia  we  ])aid  .'^l.^   fc)r  a  candle.     At  San 

did  not  have  an}-  bell-knocker  or  idectric  luit-  Franci-^co  \vc  hoped  to  find  a  house  all  ready 

ton    on    or    near    the    front    door,    nor    a    parlor  to    be    put    together,    wdiich    the    Doctor    had 

with   a   piano   and    lots   of   chromos   in   it.      In  Ix.ught  in  Xew  York  and  ordered  sent  around 

the  majority  of  cases  the  kitchen,  dining  room,  the  Horn.     He  had  also  sent  in  the  same  cargo 

bedroom,    .--itting   room    and    parlor    were    one  a   great   lot   of   furniture   and   a   year's   supply 

and    there    was    generally    an    alisence    of    ear-  of   pro\isions,   but   they   ne\"er   came    until   the 

pets  and  wallpaper.     'Idie  wcjinen  A\'orked  hard  nevt    .\])ril    ami    then    ever}-thing    Avas    spoiled 

in  those  (hns,  adapting  themselves  cheerfully  l)ui  the  house.      A'\'e   had   alscj   bought  in   San 

to   the  rouy-h   conditions.      Many  of  them   are  iMMUcisco  tAvo  lots  f(-ir  SI, 700  each.     The  best 

now    li\'ing    in    costl}'    dwellings,    surrounded  A\'e  could  do  A\'as  to  camp  on  them.     The  first 

b_\"    appurlenances    of    wealth,    refinement    and  ruLjiit    in    San    Francisco    ^Ir.    ]5r_A-ant   came    to 

ease.      Idie}-    deserA'e    the    success    the_A"    and  take  supper  A\-ith  us  and  the  Doctor,  to  cele- 

their  husbands  ha\e  achie\'eil  and  it  is  all  the  brate,   liought  $5  worth   of  potatoes.     We  ate 

more  enjoyable  after  the  hard   exiieriences  of  them    all    for    supi)er    and    didn't    eat    so   very 

the  earh-  (kaA's.  iinaiiA-  of  them,  either. 


Early  Buildings  of  San  Jose 


■A\'e  had  intended  from  the  first  to  come  to 
the  Santa  Clara  \'allev,  for  the  Doctor  said 
In  the  latter  j.art  of  '49  the  Bella  Union  that  Avherever  tlie  Catliolic  Fathers  had  picked 
Saloon  Avas  erected  on  a  portion  of  the  ground  ^,^^(.  ,^  ^j^^,  j^  ,„j^st  pg  ^  „.,„,a  ,,„£.  The  chil- 
noAv  occu]ned  liy  the  .\uzerais  House  on  Santa  ,1,.^,.^  .^,^,1  ^  staved  m  the  citv  while  the  Doc- 
Clara  street.  The  pr,,prietors  Avere  Joseph  AY.  ^,„.  ^^.^.^^^  ,„^  horseback  to  San  ]ose  and  bought 
J(dinson  and  a  Mr.  A\  hitney.  The  iMansion  ^  h,,u^e  for  us.  Then  he  came  back  and  Ave 
House  was  begun  by  J.  S.  Rnckel  on  the  started  for  San  Jose  with  Professor  Jack, 
ground  A\here  noAv  stands  the  old  Music  Hall  ^^.pp^^.  ^i^^  Doctor  staved  in  the  city  to  buy  and 
building  on  North  First  street;  and  the  City  ^,„j,  f„niiture  and  provisions  to  us.  We  came 
Flotel  on  the  opposite  of  the  street  Avas  com-  ^,,  Alviso  in  the  boat  and  paid  $150  in  fare, 
pleted  and  .,].ened  to  the  public.  Mine  host  ■^^^^-  p.^  me  and  the  children.  From  Alviso 
was  Peter  Oumcy,  (since  deceased)  and  the  ...^  came  to  San  b.se  bv  the  Pi.)neer  stage 
prices  charged  for  l)..ard  and  lodging  Avere  through  fearful  mud  and  pouring  rain,  pav- 
iiigh   en,, ugh   to   allow  a   boniface   to  get  rich  „,„.    .^\^    '..unce'    each    for    fare.      On    the    boat 


I  got  accpiainted  Avith  two  nice  gentlemen,  both 


in  a  month. 

Where    the     Bank    of    Italy    building    noAV  ministers,    Avhose     names    Avere     Brierly     and 

stands   a\  as    a    large   cattle   corral    and    t,(    the  Blakeslee.      They,    too,    Avere    coming    to    San 

east  anil  south  plains  of  mustard  greeted  the  Jose;   also   a   Mr.   Knox. 

eye,    an    adolie    house,    occupied    by    a    native  "  A\'e    haven't    any    place    to    lav    our    heads 

Cahfornian,   noAv   and   then   dotting  the  Avaste  Avhen  we  get  there,'' one  of  them  said, 

and   relieving  the  monotonous   exjjanse.     The  "  AX'ell,    I've    got   a    house,'    said    I,    just    as 

mustard  stalks  grcAv  as  high  as  young  trees—  if  I  was  in  Kentuckv,  'and  if  you  can  put  up 

higher  tlian  a  man's  head  and  it  Avas  the  easiest  with  what  I'll  have  to  you  can  come  Avith  me 

thing  m  the  world  to  take  a  Avalk  in  the  shade  and  Avelcome.'     So  Ave  Avere  all  driven  straight 

of  the  yellow  branches  and  get  lost!  to    my    house    at    the    corner    of    Second    and 

The  grand  jniblic  place  Avas  the  Plaza,  then  San    h'ernando   streets.      It   Avas   dark   and   the 

hard,  le\el  and.  treeless.     Here  the  native  Call-  10th   of   1  )ecember. 

fornians  were  in  the  habit  of  congregating  and  "The   house   had   been  b'otight  from   a   Mrs. 

enjoying  themseUes  according  to  the  customs  MatthcAvs  and  she  AAas  still  in  it.     Doctor  had 

that   had   been  handed   down   for   generations,  paid  $7,000  for  the  house  and   t\A'o   fifty  vara 

Horse  racing,  bull  fights,  ecjuestrian  feats,  fan-  lots.     I  expected  to  see  at  least  a  decent  shel- 


UlS'r(:)RV   (^)l.    SANTA   0[.ARA   C(  )[A\1A'  59 

ler,  Init  nil.  iii\'!  it  was  just  as  ,,iu'  nl  llic  cliil-  full.      Tlic   fust   iIu'iil;-    1    kiu'W    I    liad    thirteen 

(Iron  sai'l.  '.Must  as  l;i)i>i1  as  nur  nM   Kentuck\'  Im.arders — seiialMrs  ami  rcpre^eii  t.'iti\  es,  miiiis- 

ci'fu  crili.'     It  had  twn  ninius  aud  a  luft   which  ters   and   teachei-s.      Xdhml}"   whn   caiue   would 

was   cliniliedi    iutn    I)\-    a    kind    nf    ladder,      'idle  l;'i)  a\\"a\".     I  ei  juld  alwaws  iiiauai^e  li  i  m.ake  peri- 

rnnf    \\  as    .if    shakes    and     let     the    rain    rii.;lit  ]ile  feel  at  linnie,  aud  they  wnuld  .all   s,ay  they 

througdi.    and    the    llnnr    was    nf    plauks,    laid  \\aiuld    put   u]i    with    .anythiipi;-   and    help    ill    all 

diiwNui    with     the    suiiMith    side    up    with    L;a-eat  sorts  of  wa\s,   if   1    would  onl\'   let   them   stay, 

cracks    hetween    to    let   the    water    run   out.      I  JMr.    I^eek    (he   ^\'as   the   eiirollint;'   clerk   (jf   the 

was  thankful   for  that,     ddiere  was  a  chimney  Lc.qaslature )  \\'as  a  wonderful  h.'ind  at  making 

111    the    house    .and    a     hreidace.    hut    liardl)'    a  liatter  cakes.      We   got   ,a   re]iutatioii   on    hatter 

hit    of    tire    and    no    wooik      It    was    rather    a  cakes   and    our    house    was    (hihhed    "Slapjack 

forUirn  place  to  come  to  and  hriug  \isi1:ors  to,  Idall"   h\'   iir,'   ho\-,   .\I.      It   stuck    to   us.      Mr. 

now  wa.^u't  it?     Vet   we  had  heeii   through   so  Bradford,    of    Indiana,    coiild    hrown    coffee    to 

much   that   the  poorest   shelter   looked  gciod  to  p)er{eeti(jn. 

me   and   lu-sides   it   was   our   new   home.      We  ■■},[,-.   Orr   and    .Afr.    Mullen   alwa^•s   hrought 

must    make    the    best    of    it.      Mrs.    Afatthews  ,^l]  tlie  water,     dduw  were  senators.'    I  used  to 

had   a    good    supper   for   us   on    the    tal.le   and  th,„i^  theA"  liked  th'e  joh  hecaiise  there  was  a 

the  children  Avere  overjoyed  to  see  a  real  table  pretty   girl   in   the   house   wdiere   the}-   got   the 

cloth  once  more.  w-ater.     And    that    reminds    me    that    several 

"  A\dll   }'ou   tell   me   where    I   can   get   some  families    gijt   water   from    the    same    \vell.      It 

Wood?"  I  said  tc)  Afrs.  Matthews,  thinking  that  \vas  just  a  hole  in  the  ground,  about  eight  or 

a  fire  AAanild  l;ie  the  best  possible  thing  for  us  ten  feet   deep   and   no   curl)   around   it.      (Jnce 

all.     'You  can  buy  a  Inirro   load  in   the  morn-  a   baliy   Awas   creeping   on   the   ground   and    fell 

iiig.'    she    answered.      'I'Ae    used    the    last    bit  into  it.    The  mother  saw  it  and  ran  and  jumpied 

to  get  supjier  A\'ith?'     Well,  the  end  of  it  A\-as  in    after    it.      ddien    she    screamed    and    I    ran 

that  we   ti^iok  our   supper  and   went  to  bed —  out.     There  she  \\-as  in  the  Avell,  holding  the 

irot   on   our   nice   Kentucky   leather   lieds,   but  baby  upside  dowui  to  get  the  Avater  out  of  its 

cm  buffalc)  skins  spread  on  the  floor  and  with-  lungs.     'ThroAv  me  a  rope,'  she  screamed  and 

out    auA-    pilhiws.      Mr.    Kuo.-v,    Mr.    Blakeslee  1  ran  for  a  rope.     Then  she  tied  it  ar(~)und  the 

and  Afr.   Brierh-  climbed  up  into  the  loft  and  bal)_\-  and  I  drew  it  up.     Meanwdiile  our  cries 

turned  in  as  best  thev  crmld.     Mr.  Knox  Avas  l.;)rought  men  to  the  rescue  and  they  drew^  up 

sick   but   I    couldn't   e\'en   giA-e   him   a   cup   of  the  poor  woman.     AVe  kept  the  well  covered 

hot  tea.     I  said  to  Mrs.  Matthews  that  I  Avished  after  that. 

I  could  heat  a  stone  to  put  to  his  feet.    'Stone  !'  "Before  Ave  got  the  Idack  man  it  seemed  im- 

said  she.     'There  are  no  stones  in  this  country.'  possible  to  get  a  cook.     We  even  had  a  Avom- 

"AA'e   slept   as   if   Ave   A\'ere   on   downy   lieds,  an   come   doAvn   from    San   Francisco,   but  she 

Ave  Avere  sc)  tired.     The  next  morning  I  bought  didn't  stay  Avhen  she  found  Ave  really  expected 

a  burro  load  of  Avood  for  an   'ounce'.    EA-er}'-  her  to  cook.     She  said  she  Avas  a  niece  of  Amos 

thing  cost  an  'ounce'.    I   soon  got  used  to  it.  Kendall    and    Avasn't   going    to    cook   for   au}-- 

AMieat    Avas    75    cents    a    pound,    butter    $1    a  body.     Professor  Jack  helped  me  steadily  and, 

pound,   eggs  S3  a   dozen.     A  chicken  cost  $3,  as  I  said,  eA-erybody  lent  a  hand.     AA'e  had  a 

milk  $1   a  quart.     But  the  prices  matched  all  A-erA'  gay  time  over  our  meals  and  everybody 

around.      Doctors    charged    $5    for    pulling    a  Avas    A\-illing   to    Avash    dishes    and    tend    baby, 

tooth  and  other  things  Avere  in  proportion.    I  I  used  to  go  to  the  Legislature  and  enjoy  the 

don't    knoAV    as    if    it    made    any    difference.    I  fun   there   as   much   as   the   members   enjoyed 

divided    my    mansion    into    four    rooms,    A\'ith  my  housekeeping.     The  March  of  that  Avinter 

curtains.     Doctor  came  and  brought  us  furni-  was    something    to    remember.      People    used 

ture   and   all   the   comforts   money   could   buy.  to   get  swamped   on   the   corner   of   First   and 

He   paid    $500    to    get   shingles    for    our    roof.  Santa  Clara  streets.    A  little  boy  Avas  drowned 

Mr.  Blakeslee  and  Mr.  Brierly  stayed  Avith  us.  Uiere.     ft  Avas  a  regular  trap  for  children. 

We   all   seemed   to   get   on   Avell  together.      It  "Oh,  did  I  tell  you  I  built  the  first  church 

Avas  not   till   spring  "that   the   Doctor   found   a  and  the  first  schoolhouse  in  San  Jose?     I  did. 

black    man    Avho    could    cook.      He    paid   $800  I  built  it  all  Avith  my  OAvn  hands  and  the  only 

for  him.     Folks  said  he  Avouldn't  stay — for,  of  tool  I  had  Avas  a  good,  stout  needle.     It  was 

course,  he  Avas  free  in  California — but  he  did.  the   famous   'Blue    Tent'    you    have    heard    of. 

He    lived   with    us    for    four   years.  Mr.    Blakeslee   asked   me    if   I    could    make   it 

"People  began  to  ask  if  they  couldn't  stay  and  I  told  him  of  course  I  could.     He  bought 

Avith  us  till  they  found  some  other  home,  and  the  cloth  and  cut  it  out.     It  Avas  of  blue  jean 

then    somehow,   thev   staved   on.      Everybody  and  cost  seventy-five  cents  a  yard.     The  Pres- 

had    to   be   hospitable.      The    Legislature   Avas  byterian  Church  Avas  organized  in  it  and  Mr. 

then  in  session  and   the  town  was  more  than  Blakeslee   had    a   school   in   it   all   Avinter. 


60 


HISTORY  OF   SANTA   CLARA   COUNTY 


"We  had  a  good  deal  of  party-g-oing  and 
gave  entertainments  just  as  if  we  had  elegant 
houses  and  all  the  con\-eniences.  Some  of  the 
Spanish  jieriple  were  A'ery  stylish.  The  ladies 
had  dresses  rich  as  silk  and  embroidery  could 
make  them.,  and  iir  their  long,  low  adobe 
houses  there  were  rich  carpets  and  silk  cur- 
tains trimmed  Avith  gt)ld  lace.  I  went  to  the 
first  wedding  in  one  of  those  houses.  Miss  Pico 
married  a  I\Ir.  Campbell,  it  was  ver)'  grand, 
liut  the  odd  dresses  and  the  odd  dishes  upset 
my  gra\'itv  more  than  once.  Governor  and 
I\Irs.  AIcDougall  lived  in  an  adobe  house  on 
Market  street  and  the}'  had  a  grand  part_v 
there.  I  had  a  party,  too,  one  day  and  asked 
all  the  ladies  of  m}'  accpiaintance.  Airs.  Bran- 
ham  ha<l  given  me  six  eggs  and  I  made  an 
elegant  cake  which  1  was  going  to  pass  around 
in  fine  style.  1  began  !:>}'  passing  it  to  one 
of  the  Spanish  ladies  and  she  took  the  wdiole 
cake  at  one  swoop,  \\'ra[)ped  it  up  in  the 
skirt  of  her  gorgeous  silk  dress  and  said, 
'Mucha  gracias'.  I  was  never  so  surprised  in 
ni\-  life,  but  there  was  nothing  I  could  do. 
The  rest  I  if  us  had  to  go  without  cake  that 
time. 

"Cattle  and  horses  ran  alxiut  the  streets 
anrl  there  \\'ere  no  sidewalks.  We  just  had  to 
pick  our  wa}'-  around  as  liest  we  could. 

"In  the  spring  my  piano  came.  It  was  sent 
b}'  "way  of  the  Isthmus.  It  «'as  the  first  piano 
in  San  Jose.  It  made  a  great  sensation.  Ev- 
erybody came  to  see  it  and  hear  my  little 
girl  play.  Indians  an<l  Si-ianish  used  to  crowd 
around  the  dours  and  ^vindows  to  hear  the 
\\-(mderful  music,  and  man}-  a  white  man,  too, 
lingered  and  listened  because  it  reminded  him 
of  home. 

"AVe  mo\"ed  into  a  l.ietter  house  m  the  spring, 
ver}-  near  «diere  the  Methodist  Church  South 
afterward  st(M:)d.  W''e  paid  $125  a  month  for 
it.  Ijut  \vhen  I  look  back  it  seems  that  I 
ne\"er  had  such  an  intellectual  feast  as  I  had 
in  old  'Slapjack  Hall'.  Tiie  gentlemen  who 
figured  as  cr.inks  in  my  kitchen  \vere  the  most 


intelligent  and  agreeable  men  you  can  imagine. 
They  were  all  educated  and  smart  and  they 
appeared  just  as  much  like  gentlemen  when 
the}'  were  cooking  as  when  they  were  mak- 
ing speeches  in  the  Legislature.  I  don't  be- 
lieve we  ever  again  had  such  a  choice  set  of 
folks  under  our  roof  here  in  San  Jose.  Doctor 
and  I  felt  honored  in  entertaining  and  yet 
they  paid  us  $20  a  week   for   the  privilege. 

"C)f  course  }'i>u  know  General  Fremont  and 
his  wife  were  here  that  winter  and  I  knew 
them  Ixith.  Mrs.  Fremont's  sister,  Mrs.  Jones, 
and  I  were  great  friends.  Yes,  indeed,  there 
iieA'er  were  finer  people  than  my  boarders  and 
neighbors  in  '49.  Let  me  see  :  There  were  the 
Cooks  and  Hoppes  and  Cobbs  and  Joneses,  the 
Ijranhams  and  Beldens  and  Hensleys  and  Wil- 
liams, the  Bralys,  the  AVesters  and  Crosbys, 
Mur])h\-s,  Dickensons,  Hendersons.  Kincaids, 
Campbells,  Reeds,  Houghtons,  Tafts  and 
i\lood}'s.  Then  amongst  them  were  the  Picos 
and  Sunols.  Very  likely  I  haAC  forgotten 
a  great  many,  just  telling  them  off  in  this 
fashion,  ])ut  I  never  forgot  them,  really.  Many 
of  the  best  citizens  of  San  Jose  now,  with 
their  Avives  and  children,  A^es,  and  grandchil- 
dren, A\-ere  slim  AT)ung  fellows  in  those  days 
A\dio  had  come  to  California  to  seek  their  for- 
tunes. Fine,  enterprising  lioys  they  were,  too. 
Some  of  them  boarded  with  me.  C.  T.  Ryland 
and  P.  C).  Minor  were  inmates  of  'Slapjack 
Ilair  and  Dr.  Cor}-  and  the  Reeds  will  re- 
memlDcr   it  well. 

"In  1852  we  mo\'ed  out  on  the  Stockton 
ranch  and  bought  our  own  farm  in  Santa  Clara 
on  A\diich  we  Iniilt  our  permanent  home,  Som- 
erville  Lodge.  I  remember  Ave  paid  our  head 
carpenter  $16  a  day.  The  house  cost  us  $10,- 
000.  It  w(iuld  not  cost  $1,000  now.  W''e  bought 
seeds  for  our  garden  and  an  ounce  of  onion 
seed  cost  an  ounce  of  gold.  AA'e  paid  $6  each 
for  our  fruit  trees.  A  mule  cost  $.300;  a  horse 
$400.  But  doctor's  services  Avere  just  as  high- 
])riced   and   so   Ave   kept   e\en." 


CHAPTER   III. 


San  Jose  as  the  Capital  of  the  State — Meeting  of  the  First  Legislature — The 
Removal  to  Vallejo — Land  Grants  and  Suertes — A  Trumped-up  Robbery 
— Settlers'  War — Fourth   of   July   Celebration. 


L'letAveen  the  \ears  1846  ami  1S49  California 
remained    under    the    cuntrol    nf    the    United 
States  military  forces.     A  military  commander 
controlled  affairs,  but  there  was  no  real  gov- 
ernment.   As  long-  as  the  war  lasted  it  was  only 
natural  to  expect  that  such  would  be  the  case 
and  the  people  made  nv  protest,  but  after  peace 
was  declared  and  the  military  rule  continued 
much  dissatisfaction  was  aroused.     With   the 
changed   ^'iews   of   the   people,    General   Riley, 
the  military  commander,  entirely  sympathized. 
When    it   was    found   that    Congress    had    ad- 
journed  without    effecting   anything  for   Cali- 
fornia, he  issued  a  proclamation — June  3,  1849, 
— calling  for  a  convention.     The  proclamation 
stated    the    num1)er    of    delegates    which    each 
district  should  elect  and  also  announced  that 
appointments  to  judicial  offices  would  be  made 
alter    being    voted    for.      The    delegates    from 
the    Santa' Clara   Valley   district  were   Joseph 
Aram,  Kimljall  M.  Dmimick,  Antonio  M.  Pico, 
Elam   BroAvn,   Julian   Hanks   and   Pedro   Sain- 
sevain. 

Constitutional   Convention 

On  September  1,  1849,  the  Convention  met 
at  Monterey,  Robert  Semple,  of  Benicia,  of 
the  district  of  Sonoma,  being  chosen  presi- 
dent. The  session  lasted  six  weeks  and  not- 
withstanding an  awkward  scarcity  of  books  of 
reference  arid  other  necessary  aids,  much  la- 
bor was  performed,  while  the  debaters  exhib- 
ited a  marked  degree  of  ability.  In  framing 
the  original  constitution  of  California,  slavery 
was  forever  prohibited  within  the  jurisdiction 
of  the  state  ;  the  boundary  question  between 
the  United  States  and  Mexico  was  set  at  rest; 
provision  for  the  morals  and  education  of  the 
people  was  made;  a  seal  of  state,  with  the 
motto  Eureka  was  adopted  and  many  other 
pertinent  subjects  were  discussed.  The  con- 
stitution was  duly  framed,  submitted  to  the 
people  and  at  the  election  on  November  13 
was  ratified  and  adopted  by  a  vote  of  12,064 
for  and  eleven  against  it;  there  being  besides 
over  1,200  ballots  that  were  treated  as  blanks 
because  of  an  informality  in  the  printing.  On 
the  occasion  the  vote  of  the  district  of  San 
Jose  was  567  for  and  none  against  its  adop- 
tion, while  517  votes  were  cast  for  Peter  H. 
Burnett  for  governor  and  thirty-six  votes  for 


W.  S.  Sherwood.    The  popular  voice  also  made 
San  Jose   the  capital. 

During  the   session   of   the   Con\-ention,   the 
residents  of  San  Jose  in  pu]:>lic  meeting,  elect- 
ed Charles  White  and  James  F.  Reed  a  com- 
mittee to  proceed  to  IVIonterey  and  use  their 
utmost    endea\'ors    to    have    San    Jose    named 
in  the  constitution  as  the  state  capital.     They 
found  a  staunch  opponent  in  Dr.  Semple,  the 
president,  who  co\-eted  the  hfjuor  for  his  home 
town,  Benicia.     But  tlie  San  Joseans  were  not 
discouraged  b}'  this  opposition.     They  prom- 
ised to  have  reafly  a  suitable  buihling  b\  the 
15th   of   Deccmljer.   aliout   the   time   when   the 
Legislature    \vould    l:>e    ready    to    sit — a    rash 
promise  when  is  considered  the  fact  that  such 
an  edifice  had  not  been  completed  in  the  town. 
vSan   Jose   was   selected   as   the   capital   and   it 
was    now    up    to    the    residents    to    proA'ide    a 
building  for  the  sessions.     In  that  vear  tliere 
stood   on   the   south   half   of  lot   si.x — the   east 
side  of  Market  Plaza — a  large  adobe  structure, 
erected  by  Sainsevain  and  Rochon,  which  was 
meant  for   a   hotel.     This   structure   the   town 
council    tried    to   rent   for   tlie   legislative    ses- 
sion, lint  tlie  price  was  so  exorbitant — $4,000 
per  month — that  is  was  deemed  best  to  pur- 
chase the  liuilding  outright;  l:>ut  here  the  pro- 
prietors  declined   to   take   the  pue1)lo  authori- 
ties as  security.    Now  it  was  that  the  residents 
of  means  stepped  in  and  saved  the  day.     Nine- 
teen  of   them    executed   a   note   for    the   price 
asked,  $34,000,  with  interest  at  the  rate  of  eight 
per  cent  per  month.   The  nineteen  were  R.  W. 
May,  James  F.  Reed,  Peter  Davidson,  William 
McCutchen,     Joseph     Aram,     David     Hickey, 
Charles  White,  Frank  Lightston,  J.  D.  Hoppe, 
Peter    Quincy,    R.    C.    Keyes,    W.    H.    Eddy, 
Benjamin  Cor}',  K.   H,  Dimmick,  J.   C.   Cobb, 
P.  Sainsevain,  Josiah  Belden,  Isaac  Branham 
and  J.  C.  Cook.     .\  conve3'ance  was  made  to 
Belden,  Reed  and  Aram,  to  hold  the  premises 
in    trust   for    the   purchasers.      An    appropria- 
tion of  $50,000,  purchase  money  for  the  build- 
ing, was  made  b}'  the  Legislature,  and  bonds 
bearing  interest  at   the  rate  of  two  and  one- 
half   per   cent   per   month,   were   issued.      Un- 
fortunately the  credit  of  the  territory  was  be- 
low par  and  the  bonds  were  sacrificed  at  the 
rate  of  forty  cents  on  the  dollar.     The  amount 
received  by  the  sale  was  used  in  partial  liqui- 


62  ■  .HISTORY   OF   SANTA   CLARA   COL'XTV 

(latjiin   nf   the   cIl-IjI,   the   indehtfijiiess  remain-  to  the  iinrth  of  San  Franeisco  Bay,  addressed 

in,i,^  Ijeing  snl3sequently  the  cause  of  vexatious  a  nienmrial  to  the  Senate,  dated  April  3,  1850, 

and  protracted  le,L,>"islatic)n.  ixiintinq-  out  tlie  ad\-antages  possessed  by  the 

^.         -r       .  ,              ^  site  iif  tlie  tuwn  of  X'allejo  over  vSan   Jose  and 

First    Legislature    Convenes  ^|^^,  ,,^1,^,.  ^,i.^^,^.^  l„ddnig'f„r  the  state  capital. 

On  Saturda}',  Deceniljer  15,  184'),  the  first  Tn  secure  the  hoon  the  General  ofTered  to 
Legislature  oi  California  met  at  San  Jose.  E.  grant  to  the  state,  free  of  cost,  twent}-  acres 
Kir1)y  Chamberlain  was  elected  jiresident  pro  f(.ir  a  capitol  and  grounds,  with  136  acres  added 
tern  (if  the  Senate  and  Thomas  J.  AA'hite,  fur  other  state  Iniildings:  and  in  addition  to 
speaker  of  the  Assembly,  A\hich  august  l3od)'  this  he  agreed  to  donate  and  ])ay  o\"er  to  the 
occupied  the  second  storx"  of  the  State  Idouse.  state,  Avithin  two  A'ears,  the  large  sum  of  $370,- 
The  lower  jiortion,  intended  for  use  of  the  000.  tci  lie  de\'oted  to  the  constructicin  of  build- 
Senate,  not  being  read}-  for  occupanc}\  the  ings  and  their  furnishing.  l^an  Jose  stro\"e 
senators  were  taken,  fur  a  shiirt  period,  to  hard  to  retain  the  prize.  The  citizens  did  ev- 
the  house  of  Isaac  ISranham,  located  on  the  er}"tliing  in  their  jiower  to  make  things  pleas- 
southwest  corner  of  iMarket  I'laza.  (.)n  the  ant  for  the  legislators.  Their  |)a}-,  sixteen  dol- 
oiiening  da_\'  there  Avere  only  six  senators  lars  a  da)-,  Avas  recei\'ed  in  state  scrip,  hv  no 
])resent.  The  following  da\'  Co\-crnor  Riley  means  at  par  \alue  in  the  market.  To 
and  his  secretary,  IL  A'.  Halleck,  afterward  jiropitiate  them  the  hotel  keepers  and  trades- 
a  distinguished  general  in  the  U.  S.  Army,  men  consented  to  take  the  scrip  at  its  face 
arrixed  and  on  iMonda}-  ncarh'  all  the  mem-  walne.  This  offer  created  a  goofi  impression 
fiers  were  in  their  ]daces.  but    was    not    sufficient    m    force    to    offset   the 

At  the  start  consideraljle  dissatisfaction  over  offer  of  A'allejo.    Seeing  that  the  tide  \\-as  turn- 

the  i)o.ir  accoinniodauons  at  the  State  blouse  ii'^.y'   against   them,    the    San   Joseans,    through 

\\"as  manifested  and  onlv  four  (kiAS  after  open-  James    F.    Leed,    ottered    four    block-s    of    land 

ing  for   business   f'.eorge   B.   TingleA-,   a  mem-  and  160  lots,  the  lots  to  lie  sold  tu  raise  nione^' 

ber    from     Sacramentrj,    introduced    a    liill     to  for   the   building  of   the   caidtid.      Another   bid 

moxe   the   cai'ital   to   Ab mterex".      It  jiassed   its  \\'as  that  of  Cfiarles  A\diite,  A\dio  tendered  one 

fii"st  reading  and  then   died  a  natural   death.  and   one-half    srpiare    miles    of   band,    upon    the 

(On   the   twentieth   of   Fiecemfier,    1840,    Qoa-  condition    that    the    state    should    la\'   it    out   in 

ernor  Rile}"  turned  oAer  his  office  to  (governor  bits  ior  sale,  i-eser\dng  a  jmrtion   sufficient  for 

Peter  11.    Burnett  and   on   the   same   date   Sec-  buildings    and    that    one-third    of    the    sum    so 

retary  Halleck  was  relie\"ed  of  his  duties  and  realized    should   Ijc   ])aid   to   hini    and    the    bal- 

K.    H.    Dinimick   was   appointed   Judge   of   the  aiiec  gi\en  to   the  state  for  building  jmrposes. 

Court  rif  First  Instance.  -V    third    offer,    of    200    acres,    made    Ii}-     Jcihn 

'bhe    personnel    of    the    first    Legislature    of  Ti'wn.-,end   carried   the  stipulation   tliat  all   the 

California    was    as    follows:    Senators — David  '^tate   buildmgs,   save   the   penitentiarA',    should 

F.   Douglass,    M.    G.    \'allejo,    Flean    Heyden-  he  ]-)laeed  thereon. 

feldt,   Baldo  de  la  Guerra,   S.   F.   ^^^;)odworth,  'Jn    receipt   of    (k-n.    Wallejo's    memorial    to 

ddiomas   L.   \'ermeule,   A\'.   D.   Fair,   Elisha   O.  the   senate,   a    committee   was   aiipointed,   wdth 

Crosb}-,   D.   C.    Broderick,   E.   Kirfi}"   Chamber-  instructions    to    consider    all    the    offers    made 

lain,  J.  Bidwell,  II.  C.  Robinson,  B.  J.  Lipi)in-  and  re|-iort.     (  )n  April  2.   1850,  the  report  was 

ccitt.  made.     1 1  concluded  with  these  Avords  :    'A'onr 

Assemlilymen — Flam  BroAvn,  J.  S.  K.  (")gier.  Committee  cannot  (bvell  Avith  too  much 
F.  lb  ITateman,  Edmund  Randolph,  E.  P.  Bald-  warmth  upon  the  magnificent  ]:iro])ositions 
A\'in,  A.  P.  Crittenden,  Alfred  Adieeler,  James  J-'fmtained  in  the  memorial  of  General  A'allcjo. 
A.  Gray,  Joseph  Aram,  Joseph  C.  iMorehead,  They  l)reathe  throughout  the  sjiirit  of  an  en- 
Benjamin  Cor_A-,  Thomas  J.  Henley,  lose  M.  Lirged  mind  and  a  sincere  public  lienefaetor, 
Corvarrubias,  Elisha  AW  McKinstry,  Geo.  B.  *'""'  ^\'hich  he  deser\-es  the  thanks  of  his  coun- 
Tingley.  tr_\-inen  and  the  admiration  of  the  Avorld.     Such 

f)n  the  twentieth  of  December  two  L'nited  "^   i)ropositi("in    looks   more    like    the    legacv    of 

States   seucators   A\'ere   elected,    the   lueky   ones  '^  might}-  emjieror  to  his  people  than  the'free 

lieing  Col.  John  C.  Fremont  anrl  Dr.  AVilliam  donation  of  a  priAate  planter  to  a  great  state, 

^I.    (.liAun.      C)n    the    following    day    GoAernor  X^'^    pnor    in    iniblic    finance    but    soon    to    be 

Burnett  delixered  his  message.  among    the    first    of    the    earth."      The    report, 

D              1      r    r-      •.   ,  Avhich    Avas    ]iresented    bv    Senator    David    c' 

Removal   of   Capital  ]>,-,  ,i,.,-; -n    Ai                 i    ft    i    i        t    ,        /,f 

t^  l.ioileiKk     (Avlio    was    killed    by    Judge    Terrv 

The    next    lcgislati\e    move    of    importance  '"  <''  'Fiel   in    1859)   of   San  Francisco,   goes  on 

Avas  the  attempt  to  remove  the  capital.     Gen.  to  jxiint  out  the   necessities   that  should   gov- 

Mariano  Guadalupe  XTillejo,  senator  from  the  em   the  site  for  California's  capital,  recaj^itu- 

Distriet  of   Sonoma,  and  owning  lordly  acres  kites   the   advantages  pointed    out   in   the   me- 


HISTORY   ()!•    SANTA   CI.ARA   ColTNTY  r,3 

niiirial  aiiil  finally  vrccininuMKls  the  accc|>tancc  First    July    4th    Celebration 

of    (General    \  alUTi's    olTcr.  /r,  r    \  •  i     i  i 

Hie    acceiitanee    ihi      tint     pass     the     Senate  ,    ■    ,■      n     '  i  i   ■      <i       r     , 

.  ,  '  .   .  ,  .     ^ '""■'-  was  iiatni  iticalh-  i-enieniliered  m   the  tirst  ^■ear 

witliout      sunie     nppi  isitinn      and      ecinsKerahe         r     ■    -i       i      ■    ■    ;      <■         ■      <<    ^■i  ^'        'r 

,    ,  ,      ^.  '  '  ,  ,_  .       ^  ^       ,  I  iw  .1.  .!_  ( ii  ci\  il  ahnpnistiatii  m  ni  I  ahhiiana.     San    jose 

(lelaw     (  Ml   r^eiheni  her  ' ',    l,S,-iO    Lahhuana   was  111  1        1    1       .■  1  1 

,     -.   ^     ,    .  '  ,,    .      •         ,    •       ,"    '  ,  held    a    "rand   eeleliratu  m    and    nuieh    more    m- 

adniitted   pUh   the    L  nion  and   on   hehrnar\'   14  ,  .      '         r  1,    .1  1  ■  •      ,1 

..-,-,       ,      .  ,       ,  .  .     ,         '     -.   !  lerest   was  lelt   than   nn   sueh   rieeasions   m   tlie 

ISM,    dnnno-    the    last    sessum    oi    the    l.e.i^asla-  ...stern  states.     hVrd   II  all,  in  his  histnrv,  says : 

^"•■^"    \"    ^^'V"    -l"^^y'    ^'^'    -.^^;    "t    i^emnval    was  ..'Phe  is.datum   fnnn   the  other  states  made  the 

l'^^^^'^'*'  ^V"'  ""   V^7'    ^    "!   ^^''-'^  ?■"'''  *''"    '^^-'"^  icelin.^    nt    national    ,n-ide    pierease.      We    felt 

'■^^"•^^^    adlonrned     hut    the    arehn  es    were    not  .,,  ^,^;,^,^.i^   ^^..   ^^,,.,.^,   „,   ,,   f,„.^,,^,.„   ,.,,^,1   ,„,,,   ^,,^. 

l"^''"'T,^'^    t"     \alle,nnntd     later.        I  he    thnal  (,„dcnev  was   tn   x  n,lv   and   hri-hten   the   love 

Lesaslatnre    eoHNened    at    A  allejo    Jannary    .^  ,,f  the  whole  eonntrv   in   everv  American.     On 

l^--    ^^'^^'^    '^^>'^    '''^^■':    ■t,!^;'^  transterre.l    to  ^|^,^^   ,,eeasion   the    lion.   AVilham   Voorhies   de- 

^acrameiUo:  January   o,    lN:^.y   it   met  a-am   at  ,j^.^^,.^,,  ^,,^  oration:   lames  Al.   h,ne<  also  deliv- 

^^^^^T'.    't    was    remoNed    to    Lenieia   .m    1;  eh-  ^,,^.,|    ,„.,.    „^     Sj.anisT    for    the'    henefit    of    the 

^u^^ry   U    .:l   ihc  ^mc  y^nv.  ^:h^rc  n  rcm^xmvA  Alexieans    present.       .Mr.     Sanford,     a     lawNX-r 


until  the  end  ot  the  session,  and  then  hy  enaet-  f^,„,^   (>,,ro-ia,    read   the    Declaration    of   hide- 

'?^"t   the   capital    was   iiennanentlv   locate.l   at  j,.,,,!.,,,..   'Thirteen    vonn-    ladies    dressed    m 

Sacramento,  where   it  has  smce   reiiiame.l.  ,,]^,^,        .„,.,,  .„,,,  ,,.,,■,,.  .p,,^,  ,-,-„i^  ,,„  ,^„,,.. 

'1-f  ^l"^^f""^  "'.  t^*^']^.-;'!'?)-  ot  the  removal  ,,,^^,,^_^    followed    hv    the    Kao-|e    (kiards,    com- 

^"^•■^   iTono-ht   np   m   ]N>i  lietore   the   Supreme  „,.,„,,,.,i    ,,,.    ^apt:    TliomasAVhite ;    also    500 

Lourt    when   a   inajonty   ot   the   justices.   Hey-  ..j^i^ens,  some  on  horsehack,  some  m  carnaa-es 

denteldt    and    A\ells,    held    that    accordin-    to  ,,„,,  ^,„,^^  ^^j.,„^^  ,„_.„,^.         ^,^^.  „.^,,„„.,,     ,,_,,.:,„! 

'=!""    ^^'"^    >'^'    "-''f    the    capital    ot    the    state.  ^,^,^^  ^^_,,^^,^,,   ^^^  ^^,_.,^.   j,,   ^,,^.   ^,,,^^,,   ,,-   ^,,^^,,^^   ,^ 

1  hereupon  the  lollowmo-  order  was  made:  ,,„.,^.  ,  „.  ^^^„,.,^,^  „^  j,;^  „.,.,, ^.^.  ,^^,^,.   .|^_   Almaden 

.'■It    '/    "■■'l'-''-^-'l     that    the    sherill-    ot     Santa  ,-,,ad  :  and   there  the  ceremonv  was  performed 

Llara  Lounty  procure  m  the  town  ot  San  Jose  ^,,  ^|^^   ^^^^^  pleasure  and  pride  of  the  A.meri- 

and    properly    arran-e    and    turmsh    a    court-  ^^,^   ^.^j,^^^  ,,^   ^,^^   ,^^.^^.   „,„„t,,... 
rciom.  clerks  othce  and  consultation  room,  lor 

the    use    of    the    court.      It    is    further    ordered  Boundaries  of  Santa  Clara  County 

that   the   clerk  of  this  court  forthwith   remove  ^y^^-^^  ^,^^  r.et^nslature  was  in  session  in  San 

the  records  ot   tins  court  tr,   the  town  o     San  ^,,^^   ^^^^    houndanes    of    Santa    Clara    County 

J«^e.     It  IS  turther  ordere<l  that  the  court  ^vlll  ;^.^.,.^,  ^,^^,-,^^,,,^     ,p|^^  ,,^,^,,_^^^,  orio-"inallv  included 

meet  to  dehver  opinions  at  San  Jose    on   the  ^,^^.     p.^.-^jhi       ,,f    A\-.,shintTton,     ot"  Alameda 

1st    Monday    in    April     and    on    that    day    will  ^,,,^,,^^^_^   ,.,^^^   ^.|.,,^   ^^.,^^^   ^.^^^   ;  ,^^-  ^^^^^  ^j^^   ^^_^^^^^^^, 

appoint   some   future   day  ot   the  term  tor   the  ...i^,.;,  t„  its  (.resent  limits,  as  follows:     Re- 
argument  ot  cases. 

"HEYDEXFELDT,   T. 

■AVELLS,  J. 


inning-  at  a  point  iipjiosite  the  mouth  of  the 
v^an  Francisquito,  heing  the  common  corner 
,^  T-  -n-  1-1  /-M  1  ■■  "f  .Alameda,  San  Alateo  and  Santa  Clara  conn- 
Attest:  D.  K.  Yoodside,  Clerk.  ^,^^  .  ^,^g,^^,^  easterly  to  a  point  at  the  head  of 
A  writ  of  mandamus  on  the  s^trength  of  the  a  slough  which  is  an  arm  of  San  Francisco 
foregoing  was  issued  from  the  Third  District  i>av  at  its  head,  making  into  the  mainland  in 
Court  against  all  the  state  officers,  command-  f,-,,„t  of  the  Gegara  rancho  ;  thence  easterly 
ing  that  they  remove  their  offices  to  San  to  a  lone  sveamore  tree  that  stands  in  a  ravine 
Jose  or  show  cause  why  they  should  not  do  l)et\veen  the  dwellings  of  Flujencia  and  A'alen- 
so.  The  argument  Avas  heard  and  the  theory  tine  Gegara:  thence  easterly  up  said  ravine 
maintained  that  San  Jose  was  the  proper  to  the  top  of  the  mountains  as  surveyed  l>y 
capital  of  the  state.  An  appeal  was  taken  to  l-i„race  A.  Higlev:  thence  in  a  direct  line  east- 
the  Supreme  Court.  In  the  meantime  Justice  g,-],-  to  the  common  corner  of  San  Toarniin 
AVells  had  died,  h,s  place  bemg^  hlled  bv  Jus-  Stanislaus,  Alameda  and  Santa  Clara  counties 
tice  Bryant.     In  the  appeal  the  Sttpreme  Court  ,,,^   ^,^^    ^^^^^^^^^^^   ,.,^.    ^,^^    ^.^^^^^^    Range  :  "thence 


decided  that  San  Jose  was  not  the  state  cap- 
ital, from  wdiich  (lecision  Justice  Heydenfeldt 
dissentec 


southeasterly,    following    the    summit    of    the 
Coast  Range  to  the  northeast  corner  of  Alon- 


„,        ^          T       •  1    ,  1  i    ii     4.      terey  County^  thence  westerhy  following  the 

The    first    Legislature    passed    an    act    that  ;,  •'  -  '^ 

\-,        -^    _  .-7,  c..„j-  1 .„!  ,-„.,^,.^,-,,-^,t:,,„  ,,„        northern    boundary    of    .Montere}-    Count}-    to 

the   southeast  corner   of   vSanta   Cruz   County; 
'!\IarchT'l8507rnd"on  April  ifthe  Ayunta-      thence  northwesterly,  h.llowing  the  summit_^  of 


o-ave  San   Jose  its  first  legal  incorporation  un- 
der RTnited   States  rule.     The  act  was  passed 

mienTo  Yield' lAs'  last  meeting.  The  new-  com-  Hie  Santa  Cruz  Mountains  to  the  head  of  San 
iTion  council  held  its  first  lueeting  under  the  Francisquito  Creek;  thence  down  said  creek 
c 


barter  on   the   13th.  to   its   mouth  ;   thence   in   a    direct   line    to   the 


64  HISTORY  OF  SANTA  CLARA  COUNTY 

place   of   bei;inning.      Containing   about    1,300  No\ember,  1859,  to  December,  1860 — H.  D. 

square  miles.  Coon,   H.  J.    Bradley,   Isaac   Branham. 

The   county  government  was   first  adminis-  December,    1860,    to    October,    1861 — H.    J. 

tered    by    the    court    of    sessions,    which    held  Bradle}',  W.  M.  Williamson,  H.  D.  Coon, 

jurisdiction  until  1852,  when  the  board  of  su-  October,    1861.    to    November,    1862— H.    J 

l^ervisors   was   created.      In    1854   the   govern-  Bradlew  W.  M.  Williamson,  J.  H.  Adams 

ment  again  went  mtu  the  hands  of  the  court  Xovember,    1862,    to    March     1864— W     M 

ot  sessions,  where  it  remained  until  the  next  ^ynHamson,  J.  H.  Adams,  S.  S.  Johnson  '        " 

year,   when   the  board  of  supervisors   was  re-  a  r       i        i  or  i              ^ 

"vived   to  administer  the  atTairs  of  the  county  , /^.''Y''''y./'^'^"^'     ^^     March,     1866— John     A. 

ever  since.     Following  is  a  list  of  those  who  '-*"'"-''   ^'^'"^P;"^"   ^''^'es,   L.   Robinson,  J.   A. 

have     administered     the     county  -government  -^  erkms,   !< rank    Sleeper. 

from   the   date   of  organization   to   the  present  March,     1866,     to     March,     1868 — John     A. 

time:  U"i"h3;-    Frank    Sleeper,   John    A.    Perkins.   J. 

On  the   1st  day  of  June,   1850,  the  court  of  W'  ;^-   '-S'lH''".   Frank  Cook, 
sessions   was    organized   with   J.    W.    Redman  March,   1868,  to  March,  1870— David  Camp- 
president,  and  Caswell  Davis  and  Fl.  C.  Smith  "?'!•    J"'in    Cook.    William    H.    Hall,    W.    H. 
associate  justices.  n'^n""'    *-*'"'^'"    ^^""le.       (Cottle    served    vice 

Julv    5.     1850— F    W.    Redman,    president;  J'a'l"".  wliojosigned. ) 
fohn'Gilrov,    Caswell    Davis,   associates.  March,  18/0,  to  Alarch,   1872— David  Camp- 
August    18,    1850—1.  W.  Redman,  president;  '[^'^-  W-  H.  Hall,  W.  H.  I'atton,  J.  M.  Battee, 
Charles  Clavton  and  Caswell  Davis,  associates,  '"^amuel  I.  Jamison. 

October  (X   1851  —  1.  W.  Redman,  president;  ^-March,   18/2,  to  Alarch,   1874 — J,   M.  Battee, 

R.    B.    i:'.uckner    and"   Marcus    Williams,    asso-  AVdliam   Paul,  A\'.  N.   Furlong,   S.  1.  Jamison, 

ciates.  J-   W.   Boulware. 

Decem1)er,   1851  — F  \V.  Redman,  president;  March,   1874,  to  March,   1876 — J.  M.   Battee, 

Cyrus   C.    Sanders   and   Alarcus   Williams,   as-  ^V.  N.  Furlong,  J.  M'.  Bouhvare,  Alfred  Chew,' 

sociates.  A\'illiam   I'aul,  A.  King,   H.   M.   Feonard. 

May     14,     1852— J.   W.    Redman,   lu'esident;  Alarch,    1N76,    to    March    1878 — S.    F.    Ayer, 

Peleg  Rush  and  Catus  G.  vSanders,  associates.  ^Y    H.    Rogers,    J.    M.    Battee,    Alfred    Chew, 

An   election   for   supervisors   was   held  June  Y.   X.   Inirlong,  _\.   King,  H.   M.   Feonard. 

3,   1852,  and  the  new  board  was  organized  as  March,    1878,    to    Alarch,    1880 — S.    F.    Ayer, 

follo\vs  :     Isaac  X.  Senter,  chairman;  Fred  F.  "^^' •  FI.  Rogers,  Y',  X,  Furlong,  John  Y''eathers 

Whitne}-,   AX'illiam   E.  Taylor,  Jacob   Gnnvell,  J-  FT.  M.  Townsend,  M.  D.  Kell,  H.  M.  Feon- 

associates.  ard.     (Townsend  resigned  in  December,   1879 

Decemlier  6,  1852 — L.  H.  Bascom,  chairman  ;  ?ind  was  succeeded  h\    [ames   Snow.) 

John  B.  Allen,  A.  M.  Church,   Fevi  Goodrich,  March,  1880,  to  February,  1883 S.  F.  Ayer, 

Joseph  C.   I'x.yd,   associates.  John  A\'eathers,  James  Snow,  M.   D.  Kell,   h' 

September  7,  1853 — George  Peck,  chairman  ;  M.  Feonard,  H.  H.  Main,  Samuel  Rea. 

Daniel   Murphy,   R.   G.   Moody,   William   Dan-  Feliruar}-,   1883-1885 — W.   E.   Ward,   H    Til- 

iels,  W.  (jallimore,  associates.  lotson,    AM    (J.    Y'atson,    H.    McCleary     Peter 

In   April,    1854,   the  court  of   sessions   again  Donnelly,  H.  H.  Main,  S.  A.  Blythe. 

took  charge.     It  was  composed  as  follows :    R.  March,    1885,    to   March,    1887 S.    F    Ayer 

B.  Buckner,  president ;  Caswell  Davis,  Thomas  AY.    A.    Z.    Ed^vards,    A.    Greenino-er     W.    o' 

Vermuele,   assi")ciates.  Y'atson,  Peter  Donnelly. 

October  1,   1854 — R.  B.   Fuickner,  president;  March,    1887,    to    March,    1891 S.    F.    Ayer 

Caswell  Da\is,  C.  G.  Thomas,  associates.  Y'.    A.    Z.    Edwards,    A.    Greenino-er     W     o' 

On  April   9,    1855,   another   board   of   sujier-  Watscm,  James  Phegley. 

Ais(.)rs   was   elected.     The   organization  of   the  1891-1895 — P.  Donnelly,  A.   Greenino-er    W 

board    from    that    time    has    been    as    follows:  A,    Z.    Edwards,    [.    S.    Whitehurst     William' 

April    1,    1855    to    November,    1855— Samuel  Erkson,  S.  F.  Ayer. 

Henderson,  W.  R.   Bassham,   Daniel  Murphy.  1895-1897 — A.Greeninger   Geor^^e  E   Rea    T 

November,  1855.  to  November,  1856— W.  R.  S.  Selby,  John  Roll,  S    F    Aver      '^        ' 

Bassham,  AY.  R.   Bane,  Samuel  Morrison.  1897-1899— Geo.  E.  Rea,  Paul  P    Austin    F 

November,     1856,    to    October,     1857— Gary  M.  Stern,   John  Roll,  S.  F.'  Ayer      '  "             '      ' 

Peebels,  China  Smith,  D.  R.  Douglas.  1899-19(>1 — F.  W.  Knowles,  Geo.  E    Rea    F 

October,  1857,  to  October,  1858 — Joseph  H.  F.  Cottle,  John  Roll,  S.  F.  Ayer.    '      '          '     " 

Kincaid,  Samuel  A.  Ballard,  Albert  Warthen.  1904-1907— F.   E.   Mitchell    Ayer    Roll    Rea 

October,  1858,  to  November,  1859— John  M.  and  A.  L.  Hubbard. 

Swinford,  H.  D.  Coon,  Eli  Jones;  Isaac  Bran-  1907-1911— H.  S.  Hersman    H    M    Ayer    A 

ham  served  vice  Jones.  L.  Hubbard,  John  Roll,  F.  E.'  Mitchell 


HISTORY  OF   SANTA   CLARA   COUNTY 


65 


From  the  last  named  date  the  following 
have  held  ottice  eontinuouslv :  Henry  Hecker, 
A.  L.  Hnbbard,  H.  U.  Aver,  F.  E.  Mitchell, 
John  Roll. 

Settling  Titles  of  Land  Grants 

At  the  time  of  the  cession  of  California  there 
was  i)robalily  not  a  perfect  title  in  the  whole 
territory  of  Alta  California.  Under  the  terms 
of  the  treaty,,  however,  the  holders  of  these 
incomplete  titles  were  to  be  permitted  to  go 
on  and  complete  them  nnder  the  laws  of  the 
L'nited  States.  After  the  acqnisition  of  Cali- 
fornia and  after  ascertaining  the  inchoate  con- 
dition of  the  land  grants  and  the  importance 
of  having  them  segregated  from  the  public 
domain,  and  for  the  purpose  of  carrying  out 
the  provisitms  of  the  treaty  of  Guadalupe 
Hidalgo,  an  act  was  passed  by  the  Congress 
of  the  United  States  on  March  3,  1851,  pro- 
^■iding  fcir  commissioners  to  be  appointed  by 
the  President  for  the  purpose  of  ascertaining 
and  settling  J)ri^•ate  land  grants  in  California, 
with  a  right  of  appeal,  by  either  the  govern- 
ment or  the  claimant,  to  the  U.  S.  District 
Court  for  the  State  of  California,  or  to  the 
U.  S.  Supreme  Court.  To  this  commission 
all  claimants  were  required  to  present  their 
petitions  for  the  confirmation  of  their  claims. 
Failure  to  so  present  them  within  a  specified 
time  after  the  passage  of  the  act  worked  a 
forfeiture  of  the  claim,  which  was  afterward 
treated  as  a  part  of  the  public  domain.  Upon 
the  confirmation  of  these  claims  surveys  were 
made  bv  the  surveyor  general  and  patents 
issued  thereon. 

Those  lands  which  had  not  been  granted  by 
the  Mexican  Government  were  subject  to  the 
laws  of  the  United  States  governing  the  dis- 
position of  the  public  domain.  Besides  these 
two  classes  of  land  there  was  a  third — the  land 
granted   to  pueblos. 

Under  the  plan  of  Tepic,  Mexico,  on  the 
formation  of  each  new  pueblo  in  the  New 
World,  it  was  entitled,  for  its  own  use,  for 
building  purposes  and  for  cultivation  and  pas- 
turage, to  a  square  of  land  extending  one 
league'  in  each  direction  from  the  center  of 
the  plaza,  making  in  all  four  square  leagues. 
Where  the  topography  of  the  country,  either 
by  reason  of  the  juxtaposition  of  the  sea  or 
of  mountain  barriers,  prevented  the  land  be- 
ing taken  in  the  form  of  a  square,  the  four 
leagues  were  taken  in  some  other  form  so  as 
to  include  the  pueblo. 

On  the  settlement  of  the  pueblo  of  San  Jose, 
the  Mission  of  Santa  Clara  having  been  es- 
tablished to  the  west,  the  Mission  of  San  Jose 
to  the  north  and  east,  and  the  Mission  of 
San  Juan  to  the  south,  it  became  necessary  to 
designate  the  boundaries  so  that  the  jurisdic- 


tion of  the  pueblo  and  the  adjoining  Missions 
should  not  conflict.  Frc^n  year  to  year  the 
old  inhabitants  of  the  ])ueblo,  in  company  with 
the  ydunger  persons  in  the  conimunity,  were 
accustomed  tn  go  out  and  ^■isit  the  monu- 
ments erected  to  designate  these  lines,  and 
to  cast  additional  stones  upon  them  to  keep 
them  intact.  The  delimiting  line  between  the 
pueblo  and  the  Mission  of  San  Jose  ran  from 
the  mountains  to  the  bay,  about  midway  be- 
tween Warm  Springs  and  the  present  town 
of  Milpitas.  On  the  west  the  Guadalupe  River 
was  fixed  as  the  boundary,  \^hile  the  line  be- 
tween the  pueblo  and  the  Mission  of  San  Juan 
was  fixed  across  the  Aalley  to  the  south  in  the 
vicinity   of   Las    Llagas   Creek. 

San  Jose  Land  Company 

San  Jose,  before  the  admissiijn  of  California 
to  the  Union,  was  one  of  the  few  populous 
settlements  in  California  and  was  known  at 
the  time,  and  before,  as  the  "Upper  Pueblo." 
The  city  becoming  involved  and  unable  to  pay 
the  debt  incurred  to  provide  suitable  accom- 
modations for  the  Legislature  and  the  officers 
of  the  state,  a  judgment  was  obtained  against 
her  and  her  creditors.  An  execution  was  is- 
sued on  the  judgment  and  all  the  pueblo  lands 
were  sold  at  sheriif^'s  sale  and  bought  in  by 
a  syndicate  styling  itself  the  "San  Jose  Land 
Company."  This  syndicate  soon  became 
known  locally  as  "The  Fortjr  Thieves,"  al- 
though the  number  of  its  members  was  less 
than  forty  and  they  were,  by  no  means,  thieves. 
But  the  title  they  claimed  under  became  pop- 
ularly  known   as   the   "Forty   Thieves    Title." 

The  San  Jose  Land  Company,  after  acquir- 
ing its  sherilT's  deed  to  lands  belonging  to 
the  city,  claiming  to  be  the  successor  in  in- 
terest to  the  pueblo,  presented  its  claim  to 
the  United  States  Land  Commission,  sitting 
in  San  Francisco,  praying  for  confirmation  to 
it  of  the  lands  contained  within  the  estab- 
lished boundaries,  asserting  that  there  had 
been  a  concession  by  the  Spanish  Crown  of 
that  large  tract  to  the  pueblo.  A  mass  of 
documentary  evidence,  correspondence,  etc., 
was  introduced,  also  the  testimony  of  wit- 
nessee  to  the  fact  that  the  monuments  had 
been  placed  there  years  before  and  had  been 
recognized  by  the  aitizens.  Althoug'h  no 
formal  concession  or  grant  had  ever  been 
found  or  produced,  it  was  asserted  that  those 
acts  indicated  that  one  had  actually  been 
made.  The  board  and  the  U.  S.  District  Court 
confirmed  the  grant  to  these  exterior  boun- 
daries. 

In  the  meantime  settlers  had  located  on 
lands  included  in  this  tract  under  the  impres- 
sion that  they  belonged  either  to  the  Govern- 
ment or   to  private   parties   from   whom   they 


66 


HISTORY  OF   SANTA  CLARA   COUNTY 


had  purchased.  They  had  made  improvements 
and  established  homes.  By  this  decision  ex- 
tending the  limits  of  the  pueblo,  their  prop- 
erty was  absorbed,  and  they  united,  some  four- 
teen of  them,  in  securing  an  appeal  to  the 
Supreme   Court. 

At  that  time  there  was  in  existence  a  body 
known  as  the  commissioners  of  the  funded 
debt  of  the  City  of  San  Jose.  Judge  F.  E. 
Spencer,  who  was  a  member  of  this  board, 
was  anxious  to  have  the  decision  of  the  Dis- 
trict Court  sustained,  believing  that  the  land 
company  had  no  valid  claim,  and  that  if  the 
title  to  this  large  tract  was  confirmed  to  the 
city  it  could  be  maintained.  He  succeeded 
in  effecting  a  compromise,  by  which  the  Su- 
preme Court  affirmed  the  decision  of  the  lower 
court,  except  as  to  the  tracts  claimed  by  the 
fourteen  settlers.  A  final  decree  to  this  effect 
was  made.  Afterward  this  body  of  land  Avas 
sold  in  tracts  to  actual  settlers  at  the  price 
fixed  by  the  United  States  Government  for  its 
public  lands.  With  the  proceeds  of  these  sales 
the  debt  of  the  City  of  San  Jose  was  extin- 
guished and  up  to  1887  the  city  had  no  debt 
whatever.  In  due  time  the  pueblo  was  sur- 
veyed and  in   1884  a  patent  was  issued. 

The  claim  of  the  City  Land  Company  was 
the  subject  of  more  or  less  litigation  and 
trouble  from  time  to  time  until  1869.  It  came 
up  in  the  case  of  Branham  et  al.  vs.  the  City 
of  San  Jose,  where  it  was  held  by  the  Supreme 
Court  that  the  city's  lands  were  not  subject 
to  execution  and  sale  under  a  judgment  against 
her.  A  number  of  years  later,  upon  the  adop- 
tion of  a  charter  by  the  city,  a  clause  was 
inserted  which,  it  was  claimed,  confirmed  the 
land  company's  title.  Upon  that  claim  an  ac- 
tion was  brought  in  the  United  States  Circuit 
Court  for  the  District  of  California  to  recover 
possession  of  the  large  body  of  land  within 
the  corporate  limits  which  had  not  passed  by 
legal  grants.  The  case  was  Leroy  vs.  Chaboya 
et  al.,  some  600  defendants  being  named,  and 
involving  the  title  to  a  very  large  portion  of 
land  within  the  city  limits.  F.  E.  Spencer, 
who  was  counsel  for  the  defendants,  obtained 
a  ruling  from  the  District  Court  to  the  eiifect 
that  the  provisions  of  the  charter  referred  to 
did  not  amount  to  a  confirmation  in  favor  of 
the  land  company  or  its  successor,  thus  end- 
ing a  case  of  great  importance  to  the  city 
and  surrounding  territory,  and  which  went  far 
to  settle  land  titles  in  the  vicinity. 

Grants,  of  rather  an  indefinite  character, 
were  claimed  to  have  been  made  to  the  vari- 
ous Missions,  both  in  Northern  and  Southern 
California.  When  the  Missions  were  secular- 
ized, these  grants  reverted  to  the  state.  Not- 
withstanding this  act  of  secularization,  several 
of  the  Missions  retained  more  or  less  landed 


property,  such  as  church  edifices,  orchards, 
etc.,  and  these,  in  most  instances,  were  after- 
wards confirmed  to  the  church.  But  a  large 
liody  of  grazing  land  passed  into  the  general 
domain  and  was  re-granted  to  private  indi- 
viduals. There  was  quite  an  extended  legal 
warfare  before  these  lands  were  confirmed  to 
the  church.  It  was  claimed  that  when  the 
Missions  were  secularized  all  property  re- 
verted to  the  Mexican  Government,  and  as  it 
had  never  been  re-granted  it  became  the  public 
domain  of  the  LTnited  States  on  the  cession  of 
California,  and  was  therefore  subject  to  pre- 
emption. The  orchard  property  at  Santa  Clara 
was  particularly  valuable  and  was  settled  upon 
by  several  sets  of  squatters.  J.  W.  Redman, 
count}'  judge  for  several  years,  held  the  orch- 
ard, selling  the  fruit  at  enormous  prices.  It 
went  through  several  hands,  but  was  finally 
confirmed  to  Archbishop  Alemany,  represent- 
ing the  church. 

While  the  Mexicans  held  California,  Lieu- 
tenant Moraga,  under  the  direction  of  the 
Spanish  Government,  partitioned  to  the  orig- 
inal settlers  the  lands  of  the  new  pueblo  of 
San  Jose.  The  allotments  were  made  in  ac- 
cordance with  a  rule  adopted  b}'  the  govern- 
ment by  which  all  pueblos  or  towns  were  to 
be  laid  out  and  established  under  the  plan  of 
the  city  of  Tepic.  The  tracts  of  land  were 
divided  into  three  classes :  solares,  or  building 
lots  ;  suertes,  or  lots  for  cultivation,  and  egidos, 
or  lots  ff)r  pasturage  and  wood.  By  the  Tepic 
method,  each  family  was  given  four  suertes 
and  one  solar. 

Though  there  is  no  record  evidence  that 
an  allotment  ^vas  made  after  the  pueblo  was 
moved  from  its  first  location.  Judge  Spencer 
said  that  in  1852,  and  even  later,  there  re- 
mained landmarks  that  showed  something  of 
the  general  plan  of  the  location.  Among  these 
were  the  stumps  of  hedge-rows  forming  alleys 
leading  to  the  Guadalupe  River — evidently 
roads  used  by  women  going  to  the  creek  to  do 
their  washing.  At  that  time,  and  until  the 
willows  and  other  vegetation  had  disappeared, 
the  Guadalupe  Avas  a  perennial  stream,  sup- 
plied in  the  summer  time  from  the  springs  in 
the  lower  ground  south  of  town,  while  from 
the  Guadalupe  were  the  remains,  tolerably 
defined,  of  ditches  leading  into  Canoas  Creek. 
This  word  "canoas,"  besides  meaning  "canal," 
also  signifies  a  "trough,"  and  it  was  probably 
for  this  latter  meaning  that  the  Mexicans  ap- 
plied it  to  this  stream,  as  they  evidently  used 
it  for  the  purpose  of  conveying  water  to  their 
suertes,  or  planting  lands. 

There  were  also  the  remains  of  branch 
ditches,  or  acequias.  One  went  out  and  crossed 
the  plaza  near  the  site  of  the  city  hall  and 
continued  on,  crossing  First  Street  near   San 


HISTORY  OF   SANTA   CLARA   COUNTY 


67 


Fernando,  as  if  to  irrigate  the  land  sk>ping  to 
the  north  and  east.  Another  one  was  a  Httle 
west  of  Market  Street,  crossing  Santa  Clara 
Street  diagonally,  going  through  the  grounds 
now  occupied  by  the  Sisters  of  Notre  Dame 
and  continuing  to  the  present  site  of  the  Hotel 
Vendome.  From  this  was  irrigated  the  lands 
between  it  and  the  Guadalupe  River.  In  one 
of  the  suits  regarding  the  land  claimed  as 
suertes,  old  Pedro  Chaboya  and  other  old  Mex- 
ican witnesses  testified  that  all  the  alkali  land 
in  the  northeast  ]iortion  of  the  city  was,  in 
very  early  days,  fine  land  for  crops;  but  the 
Coyote  Creek  having  overflowed  its  banks  and 
rushed  down  across  the  country,  the  top-soil 
was  washed  off  and  when  the  water  receded 
it  was  converted  into  an  alkali  sink. 

With  the  Americans  came  land  speculators, 
and  as  the  pueblo  grew  in  importance  and  its 
lands  in  value,  suits  were  started  to  obtain 
possession  of  some  of  the  most  valuable  por- 
tions of  the  city  under  suerte  title.  None  of 
them,  however,  were  successful,  but  they 
formed  a  chapter  of  the  most  important  and 
sharpest  litigation  in  the  history  of  the  county. 
There  being  no  record  of  the  original  allot- 
ment of  suertes,  their  existence  could  be  proved 
onlv  by  parol  testimony,  and  for  this  purpose 
the  "oldest  inhabitant"  was  in  constant  de- 
mand. There  stood  a  few  old  landmarks  with 
all  the  dignity  due  to  their  antiquity,  but 
neither  these  nor  the  imperfect  family  tradi- 
tions of  the  oldest  poblanos  were  sufficient  to 
warrant  a  judgment  in  favor  of  the  claimants. 
The  methods  used  by  the  Americans  to 
measure  and  mark  out  the  boundaries  of  their 
grants  were  very  crude  and  resulted  in  much 
inaccuracy.  Many  of  them,  when  surveyed 
by  the  United  States,  shrank  or  expanded  in 
dimension  to  the  extent  of  many  hundreds  of 
acres.  Persons  who  had  settled  on  what  was 
thought  to  be  Government  land  would,  after 
some  years  of  labor,  find  their  property  in- 
cluded within  the  boundaries  of  a  neighboring 
grant  and  would  be  forced  to  lose  their  homes 
or  purchase  them  again  of  another  owner. 
Some  persons  were  compelled  to  purchase 
their  farms  several  times  before  their  title  be- 
came assured.  This  state  of  affairs  caused 
great  dissatisfaction  among  the  settlers  and 
societies  were  formed  to  meet  adverse  claims 
and  prevent  eviction. 

These  societies,  though  very  determined  in 
the  expression  of  their  rights,  generally 
avoided  violent  measures.  In  fact,  with  one 
exception,  they  confined  their  efforts  to  the 
raising  of  funds  for  the  purpose  of  defending 
their  claims  in  the  courts.  The  exception  re- 
ferred to  occurred  in  1861  and  is  thus  recorded 
by  Frederic  Hall:  "The  greatest  excitement 
and  demonstration  that  was  ever  exhibited  in 


this  county  upon  the  question  of  land  titles 
took  place  this  year.  The  grant  of  Antonio 
Chabolla  for  the  tract  of  land  known  as  the 
Yerba  Buena  Rancho,  Ij'ing  east  or  southeast 
of  town,  had  been  confirmed  to  the  claimants 
thereof  under  the  Chabolla  title  by  the  United 
States  courts.  There  were  many  settlers  on 
the  land,  some  of  whom  had  occupied  the  same 
for  quite  a  lengthy  period  under  the  belief  that 
it  was  public  land.  They  seemed  to  be  of  the 
opinion  that  the  grant  was  a  fraudulent  one, 
notwithstanding  the  fact  that  the  land  had 
been  patented  by  the  United  States  in  accord- 
ance with  the  decree  of  confirmation.  The 
advice  which  had  been  given  the  settlers  was 
evidently  not  of  that  kind  which  had  a  tend- 
ency to  better  them,  or  to  cause  them  to  view 
the  matter  in  a  proper  light.  They  were  in- 
duced to  spend  money  in  the  way  of  lawyers' 
fees  that  was  as  useless  as  throwing  money 
into  the  sea.  The  Government  had  conveyed, 
in  fee  simple,  the  land  to  the  claimants,  and 
no  party  but  the  United  States  could  move  to 
set  aside  that  patent  upon  the  ground  of  fraud 
or  any  other  ground.  Suits  in  ejectment  had 
been  instituted  against  some  of  the  settlers  on 
said  land  and  judgment  rendered  against  them 
for  the  possession  of  certain  tracts  by  the 
Third  Judicial  Court,  in  and  for  the  County 
of  Santa  Clara.  William  Matthews,  Esq.,  of 
counsel  for  plaintiff  in  those  cases,  caused 
writs  of  execution  for  possession  to  be  issued 
to  the  sheriff  that  the  plaintiff  might  have  pos- 
session in  accordance  with  his  judgments. 

''The  sheriff  summoned  a  posse  of  600  men 
to  go  with  and  to  aid  him  in  executing  the 
writ.  When  the  posse  assembled  at  the  Court 
House  they  were  asked  if  they  were  armed, 
to  which  they  replied  in  the  negative ;  then 
being  asked  if  they  would  arm  themselves, 
likewise  replied  in  the  negative.  They  were 
then  dismissed.  About  one  o'clock  in  the 
afternoon  about  a  thousand  settlers  paraded 
through  the  town,  some  on  horses,  some  in 
wagons,  some  on  foot,  and  nearly  all  armed. 
The_y  had  one  small  cannon.  All  the  settlers' 
leagues  of  the  county  and  some  from  adjoin- 
ing counties  were  said  to  have  been  present. 
Toward  the  close  of  day  they  went  to  their 
respective  homes  without  doing  any  damage, 
save  that  of  disobeying  the  writ." 

Until  1847  there  had  not  been  much  certainty 
as  to  the  location  of,  or  titles  to,  lots  in  the 
pueblo  of  San  Jose.  It  seems  to  have  been 
taken  for  granted  that  the  laws  regulating  the 
establishment  of  Mexican  towns  had  been  com- 
plied with  and  that  those  in  possession  had 
valid  titles.  Whether  the  title  was  good  or 
not  seemed  to  be  of  little  consequence  under 
the  then  existing  condition  of  affairs.  There 
were  no  regularly  laid-out  streets.     The  cen- 


68 


HISTORY   OF   SANTA   CLARA   COUNTY 


ter  of  the  town  was  the  Juzgado,  or  the  plaza, 
and  the  houses  were  scattered  north  and  south 
on  irregular  lines  with  a  roadway  between. 
The  roadway  is  now  Market  Street.  After  the 
defeat  of  Sanchez  at  the  battle  of  Santa  Clara, 
and  the  certainty  that  the  arms  of  the  United 
States  would  be  victorious  in  Mexico,  the  for- 
eigners became  impressed  with  the  conviction 
that  Alta  California  would  be  ceded  to  the 
victors  and  a  permanent  government  estab- 
lished. Viewed  in  this  light,  the  solares  and 
suertes  of  the  pueblo  became  of  more  impor- 
tance and  an  attempt  was  made  to  settle  the 
question  of  their  ownership. 

Early  in  1S47  the  Ayuntamiento  and  the 
alcalde  directed  William  Campbell  to  survey  a 
plat  of  land  a  mile  square  to  be  laid  out  in 
building  lots.  Assisted  by  his  brother  Thomas, 
he  did  this  work,  the  tract  so  surveyed  lying 
between  the  following  boundaries :  C)n  the 
north  by  Julian  Street,  on  the  east  b_v  Eighth 
Street,  south  by  Reed  Street  and  \\'est  by  Mar- 
ket. This  tract  was  intended  to  exclude  all 
cjuestions  relating  to  suerte  claims.  John  Bur- 
ton, ^vho  \vas  then  alcalde  and  had  resided  in 
San  Jose  for  twenty  years,  stated  that  the 
result  of  his  investigation  was  that  no  suerte 
claims,  except  the  Gongora  claim,  extended 
farther  south  than  Julian  Street,  or  farther  east 
than  Market  Street.  This  is  the  original  plat 
of  San  J<ise  and  from  this  survey  may  be  dated 
the  existence  of  the  city.  The  streets  were 
located  through  this  tract,  making  nine  blocks 
from  Julian  to  Reed  and  eight  blocks  from 
Market  to  Eighth.  The  exact  course  of  the 
streets  running  north  and  south  was  at  45  deg. 
west,  magnetic  variation,  15  deg.  22  min.  east. 
The  length  of  these  streets  was  5,607  feet.  The 
cross  streets  were  laid  out  at  right  angles  to 
these. 

The  survey  having  been  completed  and  a 
map  filed,  the  alcalde  gave  notice  to  all  per- 
sons claiming  land  "within  the  limits  of  the 
survey  to  present  them  to  him  for  investiga- 
tion, and,  if  found  valid,  he  would  issue  them 
a  new  title.  Burton,  who  was  no  lawyer, 
seemed  to  possess  a  remarkably  level  head. 
Notwithstanding  persistent  litigation  on  the 
part  of  contesting  claimants,  all  the  alcalde 
grants  under  the  Campbell  survey  have  been 
held  by  the  Supreme  Court  to  be  valid.  In 
Campbell's  survey  four  blocks  were  reserved 
for  a  public  square.  This  was  named  Wash- 
ington Square  and  is  the  present  location  of 
the  State  Teachers'  College,  the  high  school 
and  the  Carnegie  Library. 

The  pueblo  having  been  thus  located,  its 
limits  and  boundaries  of  its  blocks  and  lots 
defined,  the  settlers  from  the  states  resolved  to 
secure  a  portion  of  the  outside  lands  belonging 
to  the  pueblo.    A  meeting  was  called,  the  prop- 


osition to  make  the  survey  into  lots  of  500 
acres  each  was  adopted  and  J.  D.  Hutton  ap- 
pointed to  make  the  survey.  This  was  done 
in  July  of  the  same  year.  The  lots  were  num- 
bered consecutively  and  corresponding  num- 
bers placed  in  a  hat.  The  head  of  each  family 
was  ])ermitted  to  draw  one  number,  this  en- 
titling him  to  choose  a  lot,  his  choice  being  in 
the  order  of  the  numbers  drawn — that  is,  the 
person  drawing  number  one  was  entitled  to 
first  choice,  and  so  on.  After  the  drawing  the 
alcalde  gave  to  each  party  a  certificate  of  title. 
These  alcalde  titles  were  afterwards  declared 
in^■alid  by  the  Supreme  Court. 

In  May,  1848,  another  survey  of  the  town 
was  made,  this  time  by  C.  S.  Lyman.  He  was 
a  practical  surveyor  and  possessed  all  the  nec- 
essary implements  for  practical  work.  By  this 
sur\e}'  the  limits  ^vere  extended  easterly  to 
Eleventh  Street.  He  enlarged  Washington 
Square  to  its  present  dimensions,  1,160  by  1,005 
feet.  He  laid  out  St.  James  Square,  which  is 
610  b\-  550  feet.  Market  Square,  the  site  of 
the  city  hall,  he  fixed  at  1,160  by  259  feet. 
Market,  Santa  Clara  and  Eifth  streets  were 
made  each  100  feet  wide,  and  all  the  streets 
running  north  and  south,  except  Fifth,  were 
made  80  feet  ^vide.  The  system  adopted  by 
the  survey  is  the  one  now  in  use.  San  Fer- 
nando vStreet  is  the  base  line  and  the  ranges 
are  counted  easterly  from  Market  Street. 
Other  surveys  have  been  made  as  additional 
territory  was  taken  into  the  city  limits. 

The  tract  of  land  lying  west  of  Market 
Street  and  along  the  Guadalupe  River,  was 
used  for  cultivation  and  was  not  surveyed  into 
town  lots  for  several  years  after  the  admission 
of  California  into  the  Union.  It  was  held  as 
suertes  and  was  watered  by  an  acequia,  or 
ditch,  leading  from  the  Canoas  Creek  south  of 
town.  This  ditch  furnished  water  to  the  peo- 
])le  for  some  time  after  California  became  a 
state ;  l)ut  gradually  the  foreigners  acquired 
this  land  from  the  RIexicans  and  streets  were 
opened  from  time  to  time  as  the  population 
increased. 

Public  Treasury  Robbed 

Before  the  first  month  of  the  year  1853  had 
been  brought  to  a  close,  the  entire  county  was 
startled  by  the  news  that  the  public  treasury 
had  been  robbed.  The  treasurer,  William 
Aikenhead,  declared  that  he  had  been  knocked 
down  in  the  darkness  of  night  and  robbed  of 
his  keys,  and  that  the  unexpectedness  of  the 
attack  prevented  him  from  recognizing  the 
robber.  His  story  of  the  assault  was  this: 
Hearing  a  noise  in  the  rear  of  the  building 
about  eight  o'clock  in  the  evening,  and  not 
long  afterward  a  step  on  the  front  porch  and 
a  calling  of  his  name,  he  opened  the  door  to 


HISTORY   OF   SANTA  CLARA   COUNTY 


69 


ascertain  who  it  was.  Instantl_v  he  received  a 
blow  on  the  head  that  laid  him  prostrate;  he 
was  then  choked,  his  pockets  emptied  and  the 
key  of  the  safe  taken.  The  office  was  then 
entered  and  several  thousand  dollars  were  car- 
ried away.  The  board  of  supervisors  placed 
full  credence  in  Aikenhead's  story,  and  after 
investigation  made  a  report  exonerating  him 
from  neglect  or  blame.  In  the  month  of  Feb- 
ruary, Aikenhead  disappeared.  A  committee 
of  three,  in  company  with  the  district  attorney, 
was  ap])ointed  to  examine  all  the  books  and 
papers  in  the  treasurer's  office  and  file  a  re- 
]iort  with  the  clerk.  The  committee  was  com- 
posed of  J.  M.  Murphy,  W.  R.  Bassham  and 
A\'.  L.  Smith,  and  their  report  made  Aikenhead 
a  defaulter  in  an  amount  approximating 
$20,000. 

Following  is  the  list  of  the  various  tracts  of 
land  in  Santa  Clara  County  to  which  title  was 
granted  l.iy  the  Spanish  and  IMexican  govern- 
ments : 

Arroyo  de  los  Pilarcitos,  one  scpiare  league, 
to  Candelario  Miramontes.  Canada  del  Corte 
de  Madera,  to  Domingo  Peralta.  Canada  de 
San  Felipe  Las  Animas,  two  square  leagues, 
to  Charles  M.  AVeber ;  patented  August  9,  1866. 
Canada  de  I'ala,  8,000  b}^  1,200  varas,  to  Jose  de 
Jesus  Bernal  et  al. ;  patented  August  9,  1863. 
Canada  de  los  Capitancillos,  to  Guadalupe  Min- 
ing Company.  El  Corte  de  Madera,  two  square 
leagues,  to  Maximo  Martinez;  patented  June 
14,"l85S.  El  Pasito  de  las  Animas,  3,042  acres, 
to  Robert  AA'alkenshaw.  Embarcadero  de 
Santa  Clara,  LOOO  varas,  to  Barcelia  Bernal. 
Juristae,  one  square  league,  to  Antonio  and 
Fausten  German.  La  Polka,  one  square  league, 
to  Bernard  Murphy;  patented  March  3,  1860. 
La  Purissima  Concepcion,  one  scjuare  league, 
to  Juana  Briones.  Los  Tularcitos,  to  Antonio 
Hignora  et  al..  heirs  of  Jose  Hignora  ;  patented 
July  8,  1870.    Las  Animas,  or  Sitio  de  la  Brea, 


to  Jose  Maria  vSanchez.  Las  Coches,  one-half 
square  league,  to  Antonio  Sunol  et  al. ;  pat- 
ented Decemlier  31,  1857.  La  Laguna  Seca, 
four  square  leagues,  to  Liberata  Cesena  Bull 
et  al.  ;  patented  November  24,  1865.  Los  Capi- 
tancillos, three-cjuarters  of  a  square  league,  to 
Charles  Fosset ;  patented  February  3,  1865. 
Las  Animas  to  Frederic  E.  Whiting.  Milpitas, 
one  square  league,  to  Jcjse  Maria  Alviso.  Mis- 
sion of  Santa  Clara  to  James  C.  Galindo. 
Mission  of  vSanta  Clara,  13,13  acres,  church 
property;  patented  March  3,  1858.  Ojo  de 
Agua  de  la  Coche,  two  square  leagues,  to  Ber- 
nard Murphy;  patented  Januar)'  4,  1860.  Po- 
trero  de  Santa  Clara,  one  sc[uare  league,  to 
Robert  F.  Stockton.  Pastoria  de  las  Borregas. 
3207^4  acres,  to  Martin  Murpln' ;  patented  De- 
cember 15,  1865.  Pueblo  de  San  Jose,  to  Mayor 
and  Common  Council;  confirmed  October  8, 
1866.  Pala,  one  square  league,  to  Ellen  White 
et  al.,  widow  and  heirs  of  Charles  White. 
Quito,  three  square  leagues,  to  ^.lanuel  Alviso; 
patented  Ma}-  14,  1866.  Rincon  de  San  Fran- 
cist]  uito,  one-half  square  league,  to  Maria  An- 
tonia  Mesa,  ^vidow  of  Rafael  Soto.  Rancho  de 
Ivefugio,  or  Pastoria  de  las  Borregas,  three 
S(|uare  leagues,  to  Tomas  Pacheco  and  Augus- 
tin  Ah"iso.  Rincon  de  los  Esterus  to  Francisco 
Berrycssa  et  al.,  heirs  of  G.  Berryessa.  Rin- 
con de  los  Esteros  to  Rafael  Ah'iso  et  al. 
Rinciin  de  los  Esteros,  two  thousand  acres,  to 
Ellen  E.  W'hite.  Rinconada  de  los  Gatos,  one 
and  (ine-half  square  leagues,  to  Sebastian  Per- 
alta and  Jose  Hernandez  ;  patented  Alarch  19, 
1860.  Santa  Ana  y  Quien  Sabe,  seven  square 
leagues,  to  Juan  Miguel  Angas  and  Manuel 
Lariiis;  patented  Ma}'  1,  1860.  San  Ysidro, 
one  square  league,  to  Ouentin  Ortega  et  al. ; 
ixitented  September  27.  1869.  San  Francisco 
de  las  Llagas,  six  square  leagues,  to  Bernard, 
Daniel,  James  and  Martin  Murphv;  patented 
.March  19,  1868. 


CHAPTER  IV. 


The  Early  Bar  of  San  Jose — Alcalde  Burton's  Common  Sense — The  Eccen- 
tricities of  Judge  Redman — Strange  Career  of  Rufus  A.  Lockwood — 
Irrepressible  J.  Alexander  Yoell — Change  in  Court  System. 


Courts  of  First  Instance  had  no  existence  in 
San  Jose  until  after  the  American  occupation. 
The  first  court  was  organized  in  1849  and  held 
its  last  session  in  March,  1850,  when  the 
County  and  District  courts  were  organized. 
Prior  to  this  period  justice  was  administered 
in  San  Jose  by  the  alcaldes.  The  first  Ameri- 
can alcalde  was  James  Stokes,  who  was  ap- 
pointed by  Captain  Fallon  when  Dolores  Pa- 
checo  was  deposed.  He  was  succeeded  by 
John  Burton,  and  of  Burton  Judge  John  E. 
Richards  of  the  Appellate  Court,  and  one  of 
San  Jose's  ablest  and  most  respected  citizens, 
writes  as  follows  in  his  entertaining  booklet, 
"The  Earl}'  Bench  and  Bar  of  San  Jose" : 

"Old  John  Burton,  Capitan  Viejo,  the  na- 
tives called  him,  was  appointed  to  office  by 
Captain  Montgomery,  militar}-  commander  of 
the  Northern  District  of  California,  on  Octo- 
ber 19,  1846,  about  three  months  after  Captain 
Thomas  Fallon  had  hoisted  the  Stars  and 
.Stripes  in  front  of  the  Juzgado.  The  old  al- 
calde was  a  pioneer  of  the  pioneers.  He  had 
fleserted  from  a  New  England  merchantman 
in  18.^0  and.  coming  to  the  pueblo  of  San  Jose, 
had  married  a  Mexican  woman,  assumed  the 
title  of  captain  anrl  li\ed  an  easy  existence 
among  the  natives  until  disturljed  by  the 
American  occupation.  He  was  a  native  of 
.Massachusetts,  init  he  seems  to  have  neglected 
those  opportunities  for  book  learning  which 
that  home  of  culture  afforded.  He  \\as  a  man, 
however,  of  consideral:ile  common  sense,  is  re- 
puted to  ha\-e  been  \'ery  honest  and  to  have 
liad  the  esteem  and  confidence  of  the  native 
Ijopulation.  The  office  of  alcalde  required 
these  qualities  in  an  eminent  degree  just  at 
that  time  wlien  the  loose  garments  of  RIexican 
rule  were  Ijeing  replaced  with  the  close-fitting 
fabric  of  American  institutions.  The  alcaldes' 
courts  of  California  had,  prior  to  the  change  in 
go\'ernment,  ])ossessed  a  very  wide  and  quite 
undetermined  jurisdiction,  and  had  been  con- 
ducted with  a  freedom  from  the  formalities  of 
jurisprudence  which  was  primiti\e  in  the  ex- 
treme. Alcalde  Burton  continued  to  exercise 
the  jurisdiction  of  his  predecess(jrs  with  much 
the  same  laxity  in  forms.  No  fusty  lawyers 
ever  y)rofaned  the  sacred  precincts  of  Alcalde 
Burton's  Juzgado,  either  to  hinder  or  hasten 
his  judgments  with  pleas  of  writs  sustained  by 


musty  precedents.  There  was  a  patriarchal 
simplicity  about  the  administration  of  justice 
in  Alcalde  Burton's  court.  The  old  Juzgado 
stood  in  the  center  of  wdiat  is  now  known  as 
?vlarket  Street,  at  its  intersection  with  El 
Dorado  Street.  It  was  a  low  adobe  building, 
divided  into  three  compartments — the  alcalde's 
court,  the  smaller  room  for  the  clerk  of  the 
court,  and  the  calaboose.  There  old  Captain 
Burton  sat  and  administered  justice  in  his  own. 
original  way,  following  somewhat  loosely  the 
forms  of  the  Alexican  law  relating  to  alcaldes' 
courts.  The  method  of  procedure  was  as  in- 
teresting as  it  was  unique.  Every  grievance 
which  a  complainant  had  against  a  person,  for 
which  he  had,  or  hoped  to  have,  a  legal  rem- 
edy, he  carried  to  the  alcalde  and  openly  stated 
his  case.  Thereupon  Alcalde  Burton  called  his 
alguazil,  or  constable,  and  delivering  to  him 
his  siher-headed  cane,  as  the  symbol  of  his 
authorit}',  directed  him  to  bring  the  person 
against  whom  the  complaint  was  urged  before 
the  alcalde.  The  cane  was  an  important  part 
of  the  judicial  system.  It  was  the  vara  de 
just'icla,  of  'staff  of  justice,'  and  in  the  hands 
of  the  alguazil  symbolized  the  state.  Bearing 
the  alcalde's  sil\  er-headed  cane  before  him,  the 
alguazil  sought  out  the  defendant  and,  holding 
up  the  staff,  deliAcred  his  oral  summons  to 
appear  immediately  at  the  juzgado.  The  de- 
fendant never  disobeyed  the  command  of  the 
alcalde,  but  at  once  came  before  him.  When 
he  arrived  the  complainant  was  sent  for  and 
the  i)arties  met  in  the  presence  of  the  alcalde. 
What  was  technically  called,  what  was  in  fact, 
an  'altercation,'  then  ensued  between  the  par- 
ties. The  alcalde  sat  and  heard  their  dispute 
and  endeavored  to  adjust  their  differences  and 
strike  a  l)alance  (.>f  justice  between  them  upon 
their  own  statement  of  facts.  Very  frequently 
he  A\'as  successful  and  a  sort  (jf  compromise 
judgment  was  rendered  at  once.  When,  how- 
ever, the  parties  ^^'ere  too  wide  apart  for  com- 
])romise,  the  case  proceeded  as  follows:  Each 
j)arty  chose  an  arbitrator  and  these  two  buenos 
hombres.  as  they  were  termed,  sat  with  the 
alcalde  and  heard  the  evidence  in  the  case.  If 
then  they  and  the  alcalde  could  agree  upon 
a  judgment,  it  was  rendered  accordingly;  but 
if  not,  the  alcalde  dismissed  the  buenos  hom- 
bres and  decided  the  case  himself.  So  ran  the 
wheels  of  justice  in  Alcalde  Burton's  court. 


HISTORY  OF   SANTA  CLARA   COUNTY 


71 


"The  record  which  oUl  John  Burton  kept  of 
his  cases  was  a  very  meatier  one,  and  hence  a 
large  mass  of  interesting  court  notes  have 
been  lost  with  the  passage  of  years.  Some  few 
recorded  cases  there  are,  and  in  the  recollec- 
tion of  our  pioneers  a  few  more  remain  to 
illustrate  the  unique  character  of  primitive  jus- 
tice here.  hVom  among  the  ancient  documents 
reposing  in  our  city  archives  the  following  case 
has  been  exhumed  and  translated  for  this 
sketch.  Pedro  Mesa  was  accused  of  stealing 
Thomas  Jones'  horse.     The  record  reads : 

"  'Territory  of  California  vs.  Pedro  Mesa — 
May  1,  1847.  The  parties  having  appeared  and 
the  case  entered  into,  after  weighing  the  case 
and  taking  testimony,  judgment  is  rendered 
that  defendant  shall  pay  a  fine  of  $5,  and  $9 
for  saddling  the  horse,  and  costs  of  court  taxed 
at  $4.75  ;  $2  for  the  guard.'  Alcalde  Burton 
evidently  did  not  regard  horse-stealing  as  a 
very  serious  offense,  and  does  not  seem  to 
have  visited  upon  it  a  suflicient  penalty  to 
make  the  avocation  unprofitable.  It  is  curi- 
ous to  note  that  Alcalde  Burton  records  him- 
self as  'weighing  the  case  and  taking  the  tes- 
timony.' It  would  appear  from  all  we  can 
learn  that  it  was  the  mental  habit  of  the  old 
captain  to  weigh  the  case  first  and  make  up 
his  mind  about  it,  and  then,  as  a  mere  form- 
ality, 'take   the  testimony.' 

"Another  of  Alcalde  Burton's  decisions  has 
survived  the  tooth  of  time.  Juan  Lesaldo  and 
his  wife  did  not  agree  and  yet  had  hardly 
reached  that  point  where  they  agreed  to  dis- 
agree. Juan,  therefore,  laid  before  the  alcalde 
a  complaint,  of  which,  with  the  subsequent 
proceedings,  the  following  record  remains : 
Juan  Lesalda  vs.  Maria  de  los  Naves.  On 
complaint  of  plaintiff,  that  defendant,  his  wife, 
he  believes,  is  about  to  abscond,  he  therefore 
claims  that  she  be  brought  before  the  court  to 
show  cause  why  she  will  not  live  with  him. 
The  parties  having  appeared  and  the  case  en- 
tered into,  April  27,  1847,  it  is  directed  that 
they  be  united  again,  and  if  not  they  shall  be 
imprisoned  until  they  consent  to  live  together. 
May  1st.  ,\  letter  was  sent  to  the  priest  at 
Santa  Clara,  who  ordained  that  they  should 
be  compelled  to  live  together.  After  three 
days'  time  was  given  she  refused  to  comply. 
May  4,  1847.  Defendant  was  put  in  prison 
until  she  should  comph-  with  the  order  of  the 
court.'  Here  the  record  ends,  and  whether 
Maria  de  los  Naves  was  ever  brought  back  to 
the  arms  of  her  spouse  by  the  stern  rigor  of 
the  law  remains  a  problem  which  may  well 
be  submitted  with  The  Lady  or  the  Tiger'  to 
our  modern  dames  for  a  solution.  So  far  as 
known  the  precedent' set  by  Alcalde  Burton 
has  not  been  followed  by  those  who  have  suc- 
ceeded him   in  a  judicial   effort  to  adjust  the 


differences  which  have  ever  arisen  in  domestic 
life.  There  are,  however,  a  few  fragmentary 
records  of  Burton's  decisions  which  show  that 
he  foreshadowed  at  least  some  phases  of  our 
modern  law.  On  March  7,  1847,  Alcalde  Bur- 
ton dismissed  a  complaint  brought  by  Gabriel 
Castro  against  Antonio  Hernairo  to  recover 
plaintiff's  winnings  in  a  horse-race.  It  does 
not  appear  whether  Hernairo  was  the  loser  in 
the  wager,  or  only  the  stakeholder,  but  if  the 
cause  had  been  tried  before  our  present  courts 
instead  of  before  the  old  alcalde,  the  same  rule 
would  be  applied. 

"There  are  a  few  other  cases  preserved  in 
scant  records,  wliich,  if  not  yet  precedents, 
might  well  be  made  so.  In  1847  P.  Real  com- 
plained before  the  alcalde  of  'men  who  stand 
in  the  church  doors  to  look  at  the  women  as 
thev  come  from  mass.'  The  alcalde  judged 
that  it  was  a  'practice  which  should  be  stopped 
in  the  interests  of  religion,  morality  and  public 
tranquility.'  In  another  case  a  Mexican  was 
complained  of  for  selling  liquor  and  was  tried 
without  a  jury,  as  the  alcalde  naively  explains 
that  the  'native  element  of  the  juries  in  such 
cases  failed  to  convict.' 

"The  Court  of  the  First  Instance  was  estab- 
lished in  San  Jose  in  the  spring  of  1849.  R. 
M.  May  was  the  first  occupant  of  the  bench 
as  judge  of  the  court.  He  was  shortly  suc- 
ceeded by  Judge  Kincaid,  who  remained  on  the 
])ench  until  the  court  was  abolished  by  the 
formation  of  the  state.  The  pioneer  members 
of  the  bar  were  Peter  O.  Minor,  C.  T.  Ryland, 
Craven  P.  Hester,  James  M.  Jones,  William 
\'an  Voorhies,  Judge  Almond,  William  T. 
Wallace,  George  B.  Tingley,  Rufus  A.  Lock- 
\\'ood  and  others,  some  of  whom  lived  in  San 
Jose  and  some  of  whom  came  down  from  San 
Francisco  when  cases  required.  The  yarns 
^\d^ich  those  old  'Nestors'  told  upon  them- 
selves, upon  their  clients  and  upon  each  other, 
would -fill  a  A'olume.  One  of  the  earliest  cases 
tried  before  Judge  Kincaid  was  the  famous 
mule  case  of  Caldwell  vs.  Gode)'.  The  plain- 
tiff sued  the  defendant  for  the  possession  of  a 
mule  which  he  averred  was  his  property.  The 
defendant  denied  the  allegation  and  the  case 
came  on.  Caldwell  produced  a  dozen  or  more 
reputable  witnesses  who  swore  that  they  had 
known  the  plaintiff  in  Missouri,  where  he  had 
o^vned  the  mule ;  that  they  had  crossed  the 
plains  with  him  when  he  brought  the  mule  to 
California :  that  there  was  no  doubt  as  to  the 
identity  of  Caldwell's  mule.  On  the  other 
hand,  the  defendant  produced  as  many  wit- 
nesses, equally  reputable,  who  swore  they 
had  known  the  defendant,  Godey,  and  his  mule 
in  Texas,  and  that  they  had  come  to  California 
with  the  mule,  and  there  was  no  earthly  doubt 
that  this  was  Godey 's  mule.     They  also  swore 


72 


HISTORY  OF  SANTA  CLARA   COUNTY 


that  the  mule  was  branded  with  a  diamond  on 
its  hip.  The  court  was  sitting  in  the  old  Juz- 
gado  and  was  in  a  quandary  indeed.  At  this 
point  John  Yontz.  the  sheriff,  came  into  court 
and  asked  his  honor  if  he  should  bring  in  the 
witness.  The  judge,  all  innocent,  told  the 
sheriff  to  'bring  him  in.'  The  sheriff  brought 
'him'  in  and  the  ^\•itness  ^\-as  the  mule.  He 
filled  the  courtroom  with  his  presence  and  the 
court  with  righteous  indignation.  'Mr.  Yontz,' 
said  his  lionor,  sternly,  'take  that  mule  out  of 
here,  sir.'  'Hut  your  honor  ordered  me  to 
bring  him  in,'  responded  Yontz,  'and  I  obeyed 
the  order.'  The  scene  ^vas  ludicrous  in  the  ex- 
treme ;  the  sober  face  of  the  facetious  sheriff': 
the  still  more  sober  aspect  of  the  innocent 
mule:  the  judge's  withered  face  jtale  with  in- 
dignation, and  the  countenances  of  the  specta- 
tors red  with  mirth.  The  ^^'itness  was  taken 
out,  but  his  intrcidnctirm  won  the  case  for  the 
defendant,  for  there  upon  his  ne\vlv-sha\-en  hip 
appeared  the  diamond  brand  to  which  the  other 
^\'itnesses  had  sworn." 

The  constitution  ordained  and  the  first 
legislature  estal)lished  a  complete  s\'stem  of 
courts  \\-hich  should  suiiersedc  the  courts  of 
the  Alcalde  and  the  First  Instance.  These ' 
were  District,  County  and  fustice's  courts,  and 
the}-  A\'ere  put  into  operation  fluring  the  year 
1850.  Judge  John  H.  AA'atson  «-as  apixjinted 
the  first  district  judge  of  the  Third  Judicial 
District,  ^\■hich  included  the  ciiunties  of  Contra 
Costa,  Santa  Clara,  Santa  Cruz  and  Montere\-. 
J.  "W.  Redjuan  was  rmr  first  count\'  judge. 
The  influx  of  population  into  the  state  had 
brought  ]a\\}-ers  rif  all  degrees  of  excellence 
from  all  f|uarters  of  the  globe.  The  session  of 
the  first  Legislature  had  left  a  numlx-r  r]f  law- 
yers \vlir)  \\-ere  its  memljers  ti^i  increase  and 
adorn  our  local  Ijar.  Of  the  many  bright 
minds  A\-h(j  practiced  law  before  Judges  Wat- 
son and  Redman  and  their  successors,  the  fol- 
lowing are  a  few:  Freeman  McKinney,  AVil- 
liam  T.  AVallace,  F.  ?,.  Murdoch,  AVilliain  Mat- 
thews, ;\.  L.  ^'ates.  F.  K.  Sanford,  H(-)race 
Hawes,  Rufus  A.  r.,ockwood,  [.  Alexander 
Yoell,  John  11.  Mo,,re,  judge  Almond.  AVil- 
liam  StaiTord.  William  D.  Flarvard,  C.  T.  Ry- 
land,  (k-orge  ]!.  Tingley,  Alexander  Campbell, 
A.  V.  Crittenden,  James  M.  Jones,  La\\'rence 
Archer,  Thomas  Lodley  and  Judge  R.  F.  Peck- 
ham.  These  Avere  not  all,  but  the>-  \vill  exam- 
ple the  local  bar,  and  while  man\-  of  these  are 
gfjne  forecer  from  our  \ision,  from  th(]se  who 
remain  the  quality  of  the  rest  may  be  esti- 
mated. I  will  tell  the  stories  of  the  early  bar 
in  much  the  same  order  that  thev  ha\'e  l)een 
told   tc]  me  : 

"Judge  Watson  A\-as,  by  prr>fession,  a  physi- 
cian, who  had  learned  a  sufficient  smattering 
of  the  law  to  secure  a  seat  upon  the  bench,  for 


which  place  there  was  little  competition  among 
lawyers,  for  the  reason  that  the  salary  was 
comparatively  small,  while  the  fees  at  that  time 
\\'ere  large  to  the  lawyer  who  was  competent 
to  be  judge.  The  style  of  Judge  Watson's 
charges  to  his  juries  was,  therefore,  often  free 
from  legal  verbiage  and  of  legal  principles  as 
well,  as  the  following  story  of  the  case  of  Dean 
vs.  IMcKinle}'  will  illustrate :  The  case  was 
tried  in  Monterey  County  and  took  its  origin 
in  this  \\-ise:  McKinley  was  a  merchant  at 
^lontere}-  in  the  '40s.  It  was  part  of  his  busi- 
ness to  stock  traders  who  were  going  to  the 
mines.  Dean  was  one  of  these  traders  and  he 
bought  from  McKinle}'  a  stock  of  goods,  prom- 
ising to  ])a_\'  him  when  he  returned.  Several 
}-ears  jiassed  and  Dean  did  not  return  until 
after  the  ;Vmerican  occupation.  He  came 
liack  'broke,'  and  showed  no  dispr>sitir)n  to  pav 
McKinley  for  his  goods.  Finalh'  the  latter 
went  l^cfore  Alcalde  Mariano  Malarin  and  had 
Dean  arrested  and  im])risf)ned  for  the  debt. 
The  Monterey  jail  at  that  time  ^vas  in  no 
cr)ndition  to  keep  a  ^irisoner  long  against  his 
\\\\\,  but  it  suited  shiftless  "William  Dean  to 
stay  there.  He  was  his  own  jailer  and  "when 
e\'ening  came  he  would  ]")ull  the  plug  out  of 
the  jail  door  and  go  to  the  fandangoes  or  other 
places  of  amusement,  and  after  the  fun  A\-as 
o\-cr  would  go  fiack  to  the  jail,  lock  himself 
in  ,'Lnd  go  to  sleep,  swearing'  he  'would  make 
old  Mclvinley  ])a_\"  frjr  this  false  imprisonment 
of  an  .\nierican  citizen.'  Well,  \\-hen  the  Dis- 
trict Coin-t  tt'as  cirganized  Dean,  incited  there- 
to by  sex'er.al  lawyers  on  contingent  fees,  sued 
McKinley  for  large  damages  lor  his  alleged 
'false  ini|)risonment.'  The  case  came  on  for 
trial  \\-ith  :i  cloud  of  attorncA-s  on  either  side, 
it  A\-ns  a  ]u-olonged  case  and  A\'hen  cmicluded 
A\'as  argued  at  great  length  b}-  all  of  the  attor- 
ne_\'s.  AMien  finally  the  cause  was  submitted 
to  the  jury,  Jmlge  AA'atson  squared  himself 
afiout  pompously,  and  (lcli\"ered  the  following 
charge : 

"  '(Tcntlemen  of  the  jury,  as  the  mariner  re- 
turning to  his  jiost  after  a  long  sea  A-t)vage  is 
enabled  to  catch  a  faint  and  fleeting  glimpse 
of  the  land  through  mists  and  fog  which  sur- 
round it,  so  )'ou,  gentlemen  of  the  jur}-,  may 
be  able,  by  the  aid  of  the  court,  to  catch  a  dim 
conception  of  the  facts  in  this  case  through 
the  obscurity  which  the  arguments  of  counsel 
ha\-c  throAxui  arcjund  it.  I  \\\\\  illustrate  the 
merits  of  this  case  with  a  simile.  I  will  liken 
this  case  to  a  railroad  train.  The  court  is  the 
track,  the  attornews  are  the  engine,  and  the 
client  is  the  grease.  You  all  know,  gentlemen 
of  the  jury^  how  an  engine  \\W\  run  Avhen  it  is 
well  greased.  In  fact,  I  ha\'e  seen  engines  so 
well  greased  as  to  cause  them  to  "play  such 
fantastic  tricks  l)efore  high  heaven  as  made 
angels    weej)."      To   carry   the    simile    further, 


HISTORY   OF   SANTA   CT.ARA   COUNTY  72> 

gentlemen,  suppose  that  a  railroad  train  runs  "Among  the  attorneys  wlio  practiced  before 

over  and  kills  a  man.     Who  is  to  blame?    The  Judge  Redman  was  Freeman  McKinney,  whom 

engine,  the  track  or  the  grease?     I  think,  the  all  the  early  pioneers  will  remember.     He  was 

engme.     Centlemen  of  the  jury  you  will  bring  a   little   fellow   with    a    long   red   beard    which 

m  a  verdict  for  the  defendant.'  came  down  to  his  waist,  and  withal  a  man  of 

"Judge    Redman,    who     presided     over     the  a  good  deal  of  force  and  dignity.     <  )ne  day  a 

County    Court,    was   a   good    lawver,    but   was  fellow    was    arraigned    liefore    Judge    Redman 

also   a    man    of    many   ]ieculiarities,    of   strong  for  horse-stealing.     He  had  no  attorney.     The 

prejudices   and   of   eccentric   modes   of  expres-  Jndge   apjiointed    Free    McKinney     to     defend 

sicm.      Some    of    the    lawyers    of    his    court    he  him,    with    this    instruction:      'Mr.    McKinne}', 

had  a  great  liking  fcir,  antl   toward  others  he  the  court  a|)p(>ints  you  to  act  as  attorney  for 

manifested  dislike  \\ithout  any  apparent  rea-  this  defendant.     You  ma\'  retire  with  him  and 

son.     Among  the  former  class  was  William  T.  .get  his  statement  of  the  case.     You  will  .give 

AYallace,  for  whom  he  had  a  strong  affection,  the  prisoner  the  best  advice  and  assistance  you 

and  always,  out  of  court,  called  him  "Rilly,  m\'  are  aide  in   view  of  the  law  and  of  the  facts 

boy.'      Among    the    latter    \\'as    ].    Alexander  he  may  ,gi\e  you.'     McKinney  \vent  dut  with 

Yoell,  against  whom,  fre(|uenth'  and  unjustly,  the  prisoner  to  tlic  door  of  the  Court  House 

Redman  showed  his  feeling.     ()ne  day  after  the  and    asked    him    if   he    had    an}'    money.      The 

trial  of  a  hotly  contested  case  in  ■\\-hich  Yoell  fello\\'  said  he  had  a  fifty-ddllar  slu.g.     'Give  it 

toiik   a   A'igorous  part.   Judge    Redman   limped  to    me,'    said    McKinney.      The    fellow    reluct- 

(he  had  a  wooden  leg)   out  of  the  courtroom,  antly  ga\e  up   the  slug.     'Now,'  said   IMcKin- 

leaning  on  AA'allace's  arm.     T'resently  he  said,  nc}-,  'as  a  matter  of  fact,  you  st(jle  that  horse, 

in    a    reflecti\-e    and    S(demn    way,    as    though  didn't  3'f)U  ?'     The  jirisoner  admitted  to  his  at- 

speaking  to  himself:     'It  would  not  he  idola-  torne}-   that  he   did.      'In   that  case,'   said   Mc- 

tr^'.'      'What    would    not    lie    idolatry?'    asked  Ivinne)',    T    ad\'ise    \it\\    to    get   into    the    1)rush 

Wallace.      'It    would    not    be    ichdatr)-    to    bo\\-  as  fast  as  the  Lcjrfl  will  let  }-ou.'     The  prisoner 

down  and  \\-orship  him,'  said  the  Judge  in  the  '.got,'  and  presentl}-  ^McKinney  wandered  liack 

same  reflectiA'C  ^vay.     'A\'orsIiip  whom?"  asked  -into   tlie  court  rofjm   and   sat  down.      Socm  the 

AWallace.      'It    would    not    lie    idolatry    to    fall  case   of   the  horsethief  \vas   called.      '\\'here   is 

down  and  W(:>rship   Yoell,'  resp(:}nded   Redman.  A'our  client,   the  prisoner,   Mr.   ArcKinne\'?'  in- 

'And   wh}-    not?'    asked    W^allace.      'LUll}-,    my  (piire<l   Jud.ge    Redman,      'I    don't   know,   your 

boy,"  said  the  Jud.ge  scdemnly,  'haA'e  a'ou  for-  honor,'  answered  ]\IcKinne}',  Avitli  the  utmost 

gotten  the  commandment  A\diich   saA's,  "Thou  sang-froid.     'The  last  time  I  saw  him  he  was 

shalt  ucit  bow-  down  and  worshif)  tlie  likeness  making    for    the    brush    abi>ut    as    fast    as    he 

of  anything  that  is  in  hea\-en  abo\e,   or  that  could  go.'     'Is  it  possil)le,   sir,'  thundered   the 

is  in  the  earth  beneath,  or  that  is  in  the  waters  court,  'that  }-ou  ha\'e  permitted  the  prisoner  to 

under  the  earth"?    No\\",  Yoell  is  not  like  an>'-  escape?'    'Your  honor,'  said  McKinneA",  calmh', 

thing  that  is  in  the  hea\'en  above,  nor  in  the  '1   ha\e  olie}"ed  tc>  the  letter  the  order  r.f  this 

earth    beneath,    nor    in    the    Avaters    under    the  court.      Your   honor   a])|)ointed   me   as   the   at- 

earth,  and  therefore  I'll  be  dashed  if  it  would  tcjrney  for  the  defendant  with  the  instruction 

constitute  idolatry   to  fall   do\\'n  and  worship  that  1   should  give  him  the  best  ad\-ice  I  Avas 

hini.'  able   in  \\q\y  of   the   law  and  the   facts.      The 

"Anr.ther   member   of   the    early   bar   whom  ^'f^^  ,"'e>-t.  as  the  defemlant  admitted  to  me. 

Judge    Redman   disliked   was   F.    B.    Murdoch,  that   he    stole    the   horse.      I  he    best   advice    I 

,       ,   ^               ^   ■    ^      ^        ,•            1-            ir  could    gue    him    was    to    get   int(-)    the    birush. 

who     ater   went   into   local   lournalism.      Aiur-  .ir    ,„  .i,  .•           *    i  t     i       t>    i               -^i     i- 

,      ,    ,      ,                    -  T    TT    AT                  •  i-lum])hl    snorted   ludge  Redman  witli  dignity, 

doch  had  a  case  ot  J.  hi.  Moses  against  some-  x'all  the  next  case"' 

body  and   got   a   jiulgment.      One   of   the   wit-  ..^p,         ,             j  i           t      r  i                                 i 

"    -        .       ■^,            J      &■  i  he    storA'   ot    how    b"i    Johnson    summoned 

nesses   in    the   case   was    named   Moses    Scott,  y^,,,^,^   Redman   mto   cairt"  one   morning,    and 

and  when  Murdoch  came  to  write  his  decree  t^g  penalty  therefor,  is  fresh  in  the  minds  of 

he    wrote    the    name   of    the   witness   m    it   by  „„-,re    than    one    member    of    the    bar.       fudge 

mistake  for  that  of  the  plaintiff.     Discovering  Redman  liked  his  tipple  and  would  also ''buck 

his   error   later   on,   he   made  a   motion  before  the  tiger'  on  occasion.    The  County  C<-)urt  was 

Judge    Redman    to    set    aside    the    decree    and  held   for   a   season   in   a  building  which    stood 

haye   entered   an   amended   one,   and   when   he  near    the    corner    of    Santa    Clara    Street    and 

had  concluded  Judge  Redman  said :    '^Ir.  Mur-  Lightston    Alley.      .A.    saloon    was    across    the 

doch,  your  motion  is  denied.     It  has  long  been  street  in  Avhich  Judge  Redman  spent  much  of 

the  well  settled  rule  of  this  court  that  when  his  time  and  A\diere  he  often  lingered  beyond 

an   attorney   comes   before    this    court   with   a  the   hour   for   couAening  his   court,      (jne   day 

case  and  burns  himself  he  will  be  compelled  the  assembled  bar  grew  impatient  at  his   ab- 

to  sit  on  the  blister.'  sence.     Freeman  McKinney  called  the  bar  to 


74 


HISTORY  OF  SANTA  CLARA  COUNTY 


order  and  gravely  moved  that  the  bailiff  be 
instructed  to  call  'old'  Redman  at  the  door  of 
the  court  three  times,  and  that  if  he  failed  to 
answer  he  be  fined  for  contempt  of  court.  The 
bailiff  \\as  Jo  Johnson,  and  taking  the  matter 
in  all  seriousness,  he  went  to  the  door  and  in 
a  powerful  voice  called  out:  'Old  Redman! 
Old  Redman!  If  you  fail  to  answer  you  will 
be  fined  for  contempt  of  court.'  The  sten- 
torian tones  of  Bailiff  Johnson  penetrated  to 
the  room  where  Judge  Redman  was  seated  at 
his  game  of  cards.  He  deliberately  finished 
the  game  and  the  lawyers  heard  the  uneven 
thump  of  the  Judge's  wooden  leg  as  he  crossed 
the  street.  He  entered  the  court  slowly, 
ascended  the  bench  with  dignity,  and  then 
said  with  judicial  severity:  'Mr.  Clerk,  enter 
a  fine  of  seventy-five  dollars  against  Jo  John- 
son for  contempt  of  this  court.'  When  |o 
Johnson  afterwards  told  this  story  he  alwa\s 
ended  it  in  an  injured  tone:  'The  worst  of  it 
was  that  the  blanked  old  fool  made  me  pay 
that  fine.' 

"Aproi)OS  of  Judge  Redman's  social  infirmi- 
ties, the  following  story  is  told  as  an  actual 
fact:  The  bar  became  tired  of  the  Judge's 
lapses  and  eccentricities,  and  at  last  felt  called 
upon  to  request  him  to  resign.  The  rec|uest 
was  signed  Idv  exevy  member  of  the  bar  in  the 
county  and  was  ser^'ed  one  evening  upon  the 
Judge.  Tlie  next  morning  his  court  room 
was  full  of  lawyers  to  see  what  effect  their 
petition  would  have  upon  Judge  Redman.  The 
Judge  entered  the  rcjcjin,  perfectly  sober  and 
with  a  sad  and  contrite  expression  upon  his 
face.  He  A\'alked  \vith  halting  step  di:)wn  the 
aisle  and  awakened  a  feeling  of  pit^'  in  the 
breasts  of  se^■eral  who  harl  signed  the  request. 
The  court  opened  with  the  customary  'Hear 
ye,'  and  then  the  venerable  iorm  of  the  Judge 
arose  from  the  bench.  He  looked  timidh- 
around  as  though  searching'  for  a  friend,  and 
then  in  faltering  tones  addressed  the  bar. 
'Gentlemen  of  the  bar,'  he  said,  'last  night  I 
received  a  petition  from  }'ou,  signed  by  all  of 
your  numfier,  couched  in  respectful  language 
and  setting  forth  reasons  whv  I  should  tender 
my  resignation  as  judge  of  thi.s  court.  Con- 
scious of  my  many  infirmities  and  realizing  the 
necessit}-  of  a  pure  judiciary,  throughout  the 
silent  hours  of  the  i)ast  night  I  have  given  to 
your  i)etition  painful  and,  I  may  add,  prayerful 
consideratirm.  I  feel,  gentlemen,  that  you  have 
acted  from  a  high  sense  of  duty  in  this  matter 
( liere  the  eyes  of  the  members  of  tlie  bar  be- 
gan to  moisten  \\'ith  tears),  and  in  res])onding 
to  your  petition  requesting  my  resignation,  I 
would  simply  say  (here  the  Judge  straightened 
up  and  altered  his  tone)  that  I  will  see  you  all 
in  liell  first,  and  then  I  w(m't  resign.  Mr. 
Clerk,  call  the  next  case.' 


"It  was  one  of  Judge  Redman's  infirmities, 
if  it  be  such,  to  be  fond  of  horse-racing  and  to 
bet  freely  on  his  favorite.  Horse-races  were 
very  frequent  in  the  early  '50s  and  Judge  Red- 
man generally  contrived  to  make  the  sessions 
of  his  court  conform  to  the  time  of  the  race. 
(Jne  day  a  cause  was  on  for  argument  wherein 
John  H.  Moore  represented  one  side  and  a 
San  Francisco  attorney  the  other  side  of  the 
controversy.  A  race  was  coming  oS  that  day. 
Judge  Redman  had  little  difficulty  in  per- 
suading Moore  to  submit  the  case  without  ar- 
gument in  order  that  both  court  and  counsel 
might  attend  the  race.  The  San  Francisco 
attorney,  however,  insisted  on  arguing  his  side 
of  the  case.  During  the  first  portion  of  his 
speech  Judge  Redman  listened  patiently,  but 
as  the  hour  for  the  race  approached  the  Judge 
Itecame  fidgety  and  cast  anxious  glances  at 
the  hands  of  the  clock  with  increasing  fre- 
cpiency.  At  last,  when  the  hands  of  the  clock 
had  all  but  reached  the  hour  of  the  race,  the 
attorney  closed  his  speech.  As  he  sat  down 
the  court  hurriedly  arose  and  without  a  break 
uttered  the  following  sentence:  'I  will  take 
this  case  under  advisement  until  10  o'clock 
tomorrow  morning.  This  court  is  adjourned. 
Moore,  I'll  bet  you  $100  the  black  filly  wins 
the  race.' 

"One  of  the  most  celebrated  cases  in  Red- 
man's court  was  the  trial  of  a  mulatto  girl 
named  Mindy  Johnson  for  grand  larceny  in 
18.t2-.t3.  Mind}'  ^\'as  a  very  good-looking  girl 
I'f  ripe  charms  and  quite  popular  among  the 
Idoods  of  the  bar.  It  was  even  reportecl  that 
Judge  Redman  had  a  weakness  for  Mindv.  She 
was  by  vocation  a  cook  and  washerwoman  and 
one  (lay  fell  from  grace  to  the  extent  of  steal- 
ing Some  articles  of  clothing  and  a  carpet  sack 
with  $.300  in  money  from  the  premises  of  a  man 
named  White.  The  theft  was  discovered  and 
Almdy  was  arrested  and  indicted.  In  those 
davs  grand  larceny  was  a  capital  offense.  The 
evidence  was  clear  and  the  girl's  own  confes- 
sion seemed  to  seal  her  fate.  She  was  tried 
Ijefore  Judge  Redman  and  convicted.  The 
\erdict  of  the  jury  was  recorded  and  the  mo- 
ment for  her  sentence  came.  Judge  Redman 
was  at  his  wit's  end  for  an  excuse  to  save  her, 
but  he  had  none.  'Mindy,'  said  the  ludge  with 
assumed  severity,  'stand  up.'  Mindy  stood  up. 
'Have  you  any  cause  to  show  why  judgment 
of  the  court  should  not  be  pronounced  against 
your'  At  this  moment  Freeman  McKinney, 
wlio  witli  William  T.  Wallace,  had  been  Min- 
dy's  attorneys,  arose,  and  with  much  dignity 
moved  the  court  for  arrest  of  judgment  upon 
the  grounds  that  it  had  been  shown  in  evi- 
dence that  Mindy  was  brought  to  Cali- 
iornia  by  a  man  named  Clarkson  as  a  slave 
and      had     never     been     manumitted.       That 


HISTORY   OF  SANTA   CLARA   COUNTY 


75 


as  a  slave  she  was  property  aiul  that  as  a 
property  she  could  not  commit  grand  lar- 
ceny. 'Ah!'  said  Judge  Redman,  with  a  sigh 
of  infinite  relief,  'that's  the  point  which  the 
court  had  in  mind  during  the  whole  trial  of 
this  case,  but  did  not  want  to  suggest  to  coun- 
sel for  the  defendant.  I  am  glad  to  see,  young 
man,  that  you  have  not  forgotten  your  early 
training  in  law  nor  failed  to  burn  the  midnight 
oil  m  this  case.  The  point  is  well  taken;  the 
defendant  is  discharged,  the  jury  is  dismissed 
and  the  court  is  adjourned.'  District  Attorney 
Moore  protested,  but  his  protest  availed 
naught.  The  court  remained  adjourned  and 
Alindy  went  on  her  way  rejoicing."  The  record 
of  this  remarkable  case,  if  anyone  is  curious 
enough  to  consult  it,  is  to  be  found  in  Record 
Book  H.  Court  of  Sessions,  among  the  musty 
tiles  of  the  office  of  the  County  Clerk. 

"There  is  another  story  of  Judge  Redman 
in  which  John  H.  Moore  figures  in  his  capacity 
as  District  Attorney.  In  1852  the  state  legis- 
lature passed  a  law  depriving  the  county  court 
of  jurisdiction  to  try  certain  offenses,  of  which 
grand  larceny  was  one.  It  took  some  time  in 
those  days  to  get  the  oflicial  copies  of  the 
statutes  distributed  about  the  state.  There 
was  pending  in  Judge  Redman's  court  about 
that  time  a  peculiar  case  of  grand  larceny.  A 
somewhat  lawless  limb  of  the  law  had  gone 
out  deer  hunting,  and  failing  to  find  deer  had 
shot  and  carried  home  a  fine  young  heifer  be- 
longing to  a  Spaniard,  who,  discovering  the  of; 
fender,  had  the  lawless  lawyer  indicted.  He 
retained  Lawrence  Archer  and  William  T. 
AA^allace  to  defend  him  and  the  case  came  on 
for  trial.  Of  course  Archer  and  Wallace 
wished  to  clear  their  client,  both  because  he 
was  such  and  also  because  he  was  a  fellow  at- 
torney. Possibly  Judge  Redman  shared  in 
this  desire.  It  was  a  hot  May  morning  some 
weeks  after  the  legislature  had  adjourned  that 
the  case  was  called  in  Judge  Redman's  court. 
District  Attorney  Moore  arose  and  asked  that 
the  case  be  certified  to  the  District  Court  in 
consecjuence  of  the  statute  recently  passed 
which  took  away  the  jurisdiction  of  the  county 
court.  'Mr.  Moore,'  said  Judge  Redman,  'what 
evidence  have  }'ou  to  offer  showing  that  the 
court  has  no  jurisdiction  to  try  this  case?'  Mr. 
Moore  respectful!}'  called  the  attention  of  the 
Court  to  the  statute  which  the  legislature  had 
passed.  'But  what  proof  do  you  present  of  the 
passage  of  any  such  statute?'  asked  the  judge. 
'Why,  everybody  knows  that  the  statute  was 
passed,'  said  Moore,  'and  here  is  a  newspaper 
containing  the  statute  in  full,'  answered  the 
district  attorney.  'Mr.  Moore,'  said  Judge  Red- 
man, 'this  court  does  not  act  upon  what  every- 
body knows  in  depriving  itself  of  a  jurisdic- 
tion   so    often    exercised,    and,    furthermore,    I 


will  inform  you,  sir,  that  a  newspaper  is  not 
evidence  of  anything  in  this  court.  Proceed 
with  the  trial.'  In  vain  the  district  attorney 
protested  that  the  court  had  lost  its  jurisdic- 
tion. The  court  insisted  on  going  on  with  the 
case,  until  at  last  the  district  attorney,  in 
a  rage  at  the  court,  left  the  room.  This  stopped 
the  case  and  the  attorneys  for  the  defendant 
wanted  it  to  go  on.  After  a  while  Judge  Red- 
man sent  the  sheriff  after  the  district  attor- 
ney and  again  demanded  that  he  either  go 
on  with  the  case  or  produce  a  certified  copy 
of  the  statute.  Mr.  Moore  would  not  do  the 
one  and  could  not  do  the  other  and  went  off 
again  inwardly  (and  I  suspect  outwardly) 
cursing  the  court.  Again  and  again  he  was 
sent  for  and  again  and  again  the  procedure 
was  gone  through  by  the  Judge,  and  so  the 
hours  of  a  sweltering  day  moved  on  in  the 
old  adobe  court  house  until  at  last  Judge  Red- 
man, after  a  last  attempt  to  get  Moore  to  try 
the  case,  commanded  the  clerk  to  enter  upon 
the  minutes  of  the  court  that  the  case  having 
been  called  and  the  district  attorney  having 
been  ordered  to  proceed  with  the  trial,  and 
having  both  refused  to  do  so  and  failed  to 
show  by  proper  evidence  that  the  court  had 
lost  jurisdiction  of  the  case,  the  prisoner 
was  discharged.  So  the  lucky  dog  of  a  law- 
yer escaped  justice  and  Messrs.  Archer  and 
Wallace  won  a  bad  case  without  a  struggle. 
"Among  the  lawyers  who  sought  success 
at  the  San  Jose  laar  in  the  early  '50s  there 
were  some  who  found  it  not  and  who  w^ere 
compelled  at  last  to  seek  it  in  other  voca- 
tions and  other  fields  of  labor.  Among  these 
was  a  lawyer  named  AVilliani  M.  Staiiord — 
a  great  big,  jovial  fellow  who  could  not  some- 
how succeed  and  had  a  hard  time  to  get  along. 
He  lived  in  the  southern  portion  of  the  city 
in  a  tumble-down  tenement  and  came  to  be 
known  among  his  fellow  lawyers  as  'The  Lord 
of  Hardscrabble.'  At  last  he  gave  up  the  strug- 
gle for  success  at  the  bar,  and  going  down 
into  Pajaro  Valley,  engaged  in  farming.  His 
departure  was  celebrated  Ijy  the  publication  of 
a  poem  written  b}'  Col.  William  D.  M.  How- 
ard, a  very  bright  and  witty  lawyer  of  the 
time.  I  extract  from  it  a  few  stanzas  for 
the  purpose  of  illustrating  the  humor  and  mer- 
it  of    Colonel    Howard's   production : 

*  , 
'THE  LORD  OF  HARDSCRABBLE. 

'The  Lord  of  Hardscrabble.  Oh!  where  has  he 
gone? 

He  has  vamoosed  his  rancho  and  left  us  for- 
lorn. 

He    has    gone    to    the    land    where    the    big" 
"praties"  grow, 


76 


HISTORY  OF  SANTA  CLARA  COUNTY 


In  the  rich,  loamy  valley  of  the  Rio  Pajaro. 
No  more  shall  his  presence  enliven  our  hall 
In  spring  and  in  summer,  in  autumn  and  fall. 
No  longer  his  eloquent  counsel  we'll  hear. 
When  the  wise  Cit}-  Fathers  in  conclave  ap- 
pear. 
No  more  will  we  gather  those  gems  of  debate 
He  let  fall  when  discussing  affairs  of  the  state, 
^^'ith     a    broadcast    of    "palabros"     scattered 

around 
Like  the  ripe  fruit  of  autumn  strewn  over  the 

ground. 
The  Lord  of  Hardscrabble,  r)h  !  what  will  he 

do. 
Where  the  Locos  abound  and  the  AVhigs  are 

so   few  : 
For  he's  gone  where  the  cocks  of  Democracy 

crow. 
O'er   the   crestfallen   coons   of   Rio   Pajaro. 

'In  the  good  old  AAdiig  cause  he  was  valiant 

and  stout. 
W^as   never   yet   conquered   and   never   backed 

out. 
And  Deuiocracy  will  find  itself  in  a  bad  box. 
For  he'll  rally  the  coons  and  lie  down  on  the 

cocks. 
The  Lord  of  Hardscrabble's  a  gallant  old  blade. 
As  tlie  sex  Avill  1)ear  witness,  both  matron  and 

maid  : 
But  somehow"  nr  other  he  lived  "an  old  bach," 
Till   the  roof  of  his   head   has  disposed   of  its 

thatch. 
Oh  !   whv   lias   lie  A'cnturcd   to   go   forth   alone 
AA'ith   "no  flesh   of  his   flesh,"  no  bone   of  his 

bone  ? 
May  soine  kind-hearted  maiden  his  loneliness 

Ijless, 
And  his  fine  portlv  shadow  niai,'  it  never  grow 

less. 
And  \\hen  cif  warm  evenings  he  seeks  his  re- 

]jose. 
On  his  cot  in  the  house  or  the  ground  out  of 

doors, 
IVIav   there   lie   no   mosquitoes   around   him   in 

'  fkicks, 
No  flies  on  his  nose  an<l  no  fleas  in  his  socks; 
May  his  dair}-  be  filled  with  butter  and  cheese 
And  his  acres  aljound  with  "frijoles"  and  peas, 
Grain,  onions,  potatijes,  whatever  Avill  grow 
And  advantage  him  most  in   Rio  Pajaro. 

'The   Lord  of  Hardscrabble,  when  will  he  re- 
turn ? 
His  absence  Ijoth  daily  and  nightly  \ve  mourn. 
And  a  greeting  of  joy  will  resound  in  his  ears, 
When  his  well-known  "cabeza"  among  us  ap- 
pears. 
Roll  on,  happy  day,  wdien  his  jolly  old  face, 
All    radiant    \\'ith    smiles,    shall    illumine    this 
place  ; 


With  his  purse  full  of  cash  and  his  heart  full 

of  joy, 
Success   to   Hardscrabble,   the  jolly  old   boy.' 

"The  first  court  house  of  the  county  of  Santa 
Clara  was   located   on   the  west   side   of  First 
street    between    Santa    Clara    and    El    Dorado 
streets,    and    about    opposite    what    was    then 
.Archer,  but  is  now  Fountain  Alle}'.     The  low- 
er  part  of  this   building  was   adobe   and   was 
used   as   the   court  room   of  both   the   District 
and  County  Courts.   The  upper  part  w^as  frame 
with  the  stairway  on  the  outside  of  the  build- 
ing and   in   that  portion   were   located   the  of- 
fices  of   the    sheriff   and    clerks    of    the    court. 
"Judge  Watson  Avas  the  first  district  judge. 
Judge   Redman  the  first  county  judge,   E.   K. 
"SanJiorn  the  first  district  attorney,  H.  C.  Me- 
lone  the  first  clerk,  and   John  Yontz   the  first 
sheriff  of  the  county  of  Santa  Clara.     In  this 
old  court  house  during  the  years  1850-1,  these 
dignitaries  with  the  assistance  of  the  members 
of  the  Jiar,  dispensed  justice  in  their  own  primi- 
tive but  rather  vigorous  way.     A  great  man}^ 
of   the   cases    were   tried    with    the   aid    of   the 
jur^-,  and  out  of  this  fact  arose  a  curious  cus- 
tom,   A\-hich,    as    is    iierhajis    A\-ell    knowm,    has 
gone  iiut  of  date.     In  the  early  '50s  Avhittlin.g 
was   a   great    acconqdishment    in    the    average 
citizen,    A\dio    idled    his    time    away    about    the 
stores  or  saloons  or  in  the  jdaza  of  the  village 
of  San   Jose.     It  was  probaldy  from  this  class 
of   citizen   that    the    early   juries    were   mainly 
drawn.     AA'hen   trials  were   tedious  and   argu- 
ments  of  counsel    long   drawn   out.   A\diat   else 
could  be  expected  than   that  the  cxi^ert  whit- 
tlers  ("in  the  jury  would  perhaps  unconscious- 
1)'    dis]iku-    their    skill    on    the    benches,    posts 
and    railing   of    the    jury    box.      Sheriff    Yontz, 
soon    after    his    otTicial    duties    liegan    thought 
that   the   redwood   and    ]>ine    of    the    jury   box 
in  tlie  court  room  A\-as  gri:i\\-ing  grotesque  in 
form   and  Ijeautifully  less  lieneath   the   expert 
jack  knives   of  his  juries.      He  was   at  a   loss 
for  a  time  for  a  remedy,  but  presently  he  found 
it,  and  thereafter  at  every  session  of  the  court, 
A\'lien  a  jiuw-  A\'as  to  be  drawn,  Sheriti:  Yontz 
graveh'    lirought    into    the    court    room    and 
placed  on  the  jury  liox  a  large  bundle  of  white 
pine  sticks  cut  to  a  size  and  shape  to   suit  a 
whittler's  fancy.     Ky  this  expedient  the  sher- 
iff sa\ed   the  pillars  and  benches  of   the  jury 
lif).x  from   a  destruction   that  was   more  rapid 
than  the  tooth  of  time. 

"Among  the  lawyers  wdio  practiced  at  the 
bar  of  our  District  Court  Avas  William  B. 
Almond,  wdio  had  Ijeen  Judge  of  the  Court 
of  First  Instance  in  San  Francisco  before 
the  organization  of  the  state.  Judge  Almond 
was  a  genial  gentleman  of  the  old  school,  who 
loxed  his  tipple  and  always  kept  a  demijohn 
of  cognac  in  the  chambers  adjoining  the  court. 


HISTORY  OF  SANTA  CLARA  COUNTY 


77 


When  the  judicial  duties  of  the  day  were  over 
it  was  the  Judge's   liahit   to   go   to   his  cham- 
bers and  enjoy  a  glass  of  ct)gnac.     The  Court 
of    First    Instance    Avas    a   very    busy    tribunal 
during    Judge    rMmond's    term,    owing    to    the 
many   cases  which  arose  in  '49  over  the  pos- 
session oi   lots   in  the  growing  city.     In  con- 
sequence   Judge    Almond    had    a    great    man}^ 
papers   in   the   form   of  orders  and   decrees   to 
sign    and    in    the    hurry    his    signature    often 
became  a  very  hasty  and  formal  act.     Among 
the  attorney's  who  practiced  in  Judge  Almond's 
court   was    Gregory    Yale,    who    loved    joking 
and    brandy    with    equal    fervor.      On    one    of 
Judge    Almond's    busiest    days    Gregory    Yale 
gravely  presented  an  order  for  the  Judge  to 
sign.     The   signature  was   attached  and   Yale 
went    away.      Presently    the    court    adjourned 
and  Judge  Almond  went  to  his  chambers  for 
his  wonted  glass.    The  demijohn  was  gone  and 
in  high  dudgeon  Judge  Almond  called  the  bail- 
iff of  the  court  and  asked  him  what  had  be- 
come of  it.     The  bailiff  answered  that  he  had 
taken  it  over  to   the   office  of   Gregory  Yale. 
'Who  ordered  you  to  do  that?'  said  the  Judge 
in  a  rage.    'Your   Honor  did,'  responded   the 
bailiff,  and  straightway  drew  from  his  pocket 
the  following  order  signed  by  the  Judge : 

"  'Good  cause  appearing  therefor,  it  is  or- 
dered that  the  bailiff  of  this  court  do  forth- 
with convey  to  the  office  of  Gregory  Yale,  Esq., 
that  certain  demijohn  of  cognac,  now  lying 
and  being  in  and  upon  those  certain  premises 
known  and  more  particularly  described  as  the 
Chambers  of  the  Honorable  Judge  of  this 
Court.'  It  was  the  order  he  had  signed  that 
morning.  Judge  Almond  never  saw  nor  tasted 
his  cognac  again,  but  the  flavor  of  this  joke 
remained  with  him  for  many  a  day. 

"Throughout  all  my  gleanings  of  fact  and 
fancy  there  has  been  constantly  presented  to 
me  the  outlines  of  a  gigantic  figure;  the  rem- 
iniscences of  a  character  vast  and  strange; 
the  recollections  of  a  genius  more  powerful, 
more  original  and  yet  more  eccentric  than  any 
other  which  ever  flashed  its  light  across  the 
history  of  California  ;  the  memories  of  a  man 
and  of  a  lawyer  whose  living  and  whose  dy- 
ing verified  the  truth,  'Great  minds  to  mad- 
ness closely  are  allied.'  I  refer  to  Rufus  A. 
Lockwood. 

"In  the  early  part  of  the  year  1850  an  im- 
portant case  came  on  for  trial  in  the  Court  of 
First  Instance  at  San  Jose.  It  was  the  case 
of  Hepburne  vs.  Sunol  et  al.,  involving  the 
title  and  right  of  possession  of  a  portion  of 
the  Los  Coches  Rancho.  C.  T.  Ryland  and 
John  H.  Moore  represented  ^he  plaintiff  and 
James  M.  Jones  appeared  for  the  defendants. 
The  plaintiff's  attorneys  were  then  young  men, 
recently  from  the  East  and  not  yet  versed  in 


the  Spanish   language   or  law.     The   attorney 
for  the  defendant,  on  the  contrary,  was  a  law- 
yer of  great  e,xi)erience  in  the  practice  of  the 
civil   (or  Spanish)   law  and  a  linguist  perfect- 
ly  familiar   with    the    Spanish    language.      He 
was,  moreover,  one  of  the  deepest  students  and 
most    lirilliant    men    of    the    time,    and    in    the 
case  at  issue  had  the  young  attorneys  for  the 
plaintiff   at   a    disadvantage.      One    day   while 
some  phase  of  the  case  was  up  before  Judge 
Kincaid    for    argument,    E.    L.    Beard,    of    the 
San    Jose    Mission,    happened    into    the    court 
mi   and   soon  saw   that  Moore  and   Ryland 
were    getting   worsted    in    their    case    by    rea- 
son of  Jones'  superior  knowledge  of  the  Span- 
ish   law.      Fle   went   over    to   Moore   and    sug- 
gested  that   he   ought   to   have   the   assistance 
of  a  lawyer  wdio  could  read  Spanish  and  cope 
with    Jones    in    the    application    of    the    law. 
'Where  can  we  find  such  a  man?'  asked  Mr. 
Moore.      T    have   the   very   man   you    need   at 
the   Mission,'   answered   Beard,   'and   I'll   send 
him  down  to  assist  you.     His  name  is  Lock- 
wood.'      When    the    day   for    the    trial    of    the 
case   came   on   there  walked   into   Judge   Kin- 
caid's  court  room  in  the  old  Juzgado  a  large, 
"awkward  and  roughly  dressed  man  and  took 
his  seat  with  the  plaintiff's  attorneys.     It  was 
Rufus  A.   Lockwood.     He   made  no   immedi- 
ate manifestation  of  power,  but  listened  close- 
ly while  the  pleadings  were  read,  the  jury  im- 
paneled, and  the  trial  of  the  cause  begun.     He 
saw  that  the  case  involved  one  of  those  clash- 
ings  between  the  American  and  Mexican  peo- 
ple so  common  in  those  early  times.     He  no- 
ticed that  the  jury  was  a  'Missouri'  jury,  whose 
sympathies  would  naturally  be  with  the  plain- 
tiff.    He  quietly  waited  for  his  opportunity  to 
cope  with  the  only  dangerous  element  in  the 
case,   viz.,   the   learning  and  ability  of  James 
M.  Jones,  the  defendant's  attorney.    Presently 
a  question  of  law  arose  and  Jones  began  to 
argue  it  with  the  aid  of  the  Spanish  statutes, 
which  he  read  and  then  translated  to  the  court. 
He  made  an  argument  clean  cut  and  strong,  as 
was  his  w^ont,  and  sat  down  confidently.  Then 
Lockwood  arose,  and  with  one  sweep  of  re- 
sistless   logic    destroyed    the   whole    fabric    of 
Jones'  speech.     He  turned  to  the  very  statute 
from  which  Jones  had  quoted,  read  it  with  the 
facility   of   a    master    of   the    Spanish    tongue, 
translated  it  luminously,  expounded  it  learned- 
ly, and  from  it  showed  to  court  and  jury  that 
the  law  was  with  the  plaintiff  in  the  case.   The 
whole   court  room   gaped  Avith   astonishment, 
while  the  plaintiff  and  his  attorneys  hugged 
themselves  with  delight  at  the  possession  of 
such   an  ally.     Every  one   felt  and   saw-  that 
they  were  in  the  presence  of  a  master  mind. 
The  expected  victory  of  Jones  was  turned  into 
a  rout,  which  during  the  remainder  of  the  trial 


78 


HISTORY  OF  SANTA  CLARA  COUNTY 


he  could  not  check  with  all  his  talent  and  in- 
dustry. He  worked  the  night  out  to  win  his 
case,  but  in  vain.  'This  man  Lockwood  is  kill- 
ing me,'  said  Jones  to  Moore  as  the  case  drew 
to   its   close.      The   last   day   of   the   trial    was 


February 


1850,  when  Lockwood's  speech  to 


the  jury  was  delivered.  Brief  snatches  of  that 
splendid  burst  of  oratory  still  linger  in  the 
memories  of  our  pioneers  who  were  privileged 
to  hear  it.  They  tell  of  Lockwood's  descrip- 
tion of  the  Battle  of  Buena  Vista,  which  oc- 
curred on  February  22,  1846,  and  of  which 
this  day  was  the  anniversary.  He  pictured 
General  Taylor's  victory  over  the  'greasers'  to 
that  jury  of  Missourians  and  called  upon  them 
to  celebrate  it  today  with  a  victory  for  the 
American  plaintiff  and  against  the  'greaser' 
defendant  in  the  case.  Such  an  appeal  was 
irresistible  and  Lockwood  not  only  won  his 
case  but  established  himself  at  once  as  the 
greatest  lawyer  who  had  ever  shaken  the  walls 
of  the  Juzgado  with  the  thunders  of  nis  elo- 
quence. 

"The  next  great  case  in  which  Lockwood 
was  engaged  and  tried  in  San  Jose  was  the 
case  of  Metcalf  vs  Argenti.  The  suit  arose  in 
this  wise:  Argenti  was  a  banker  in  San  Fran- 
cisco and  was  prominent  among  the  members 
of  the  first  Vigilance  Committee.  Metcalf 
was  an  arrival  from  Australia,  who  for  some 
reason  fell  under  suspicion  and  was  rough- 
ly treated  by  the  Vigilantes.  He  brought  suit 
against  the  leading  inen  composing  that  body 
and  employed  Lockwood  and  Edmund  Ran- 
dolph as  his  attorneys.  The  case  was  tried 
first  in  San  Francisco  and  resulted  in  a  mis- 
trial by  reason  of  the  strong  prejudice  in  fa- 
vor of  the  Vigilance  Committee  of  that  city. 
It  was  then  transferred  to  Santa  Clara  Coun- 
ty for  a  second  trial  and  came  on  in  1852. 
Lockwood  was  very  much  opposed  to  the 
methods  of  the  Vigilance  Committee  and  went 
into  this  case  with  more  than  his  usual  zeal 
and  vigor.  Those  who  heard  his  speech  to 
the  jury  in  that  case  say  that  it  surpassed  all 
of  the  speeches  they  have  ever  heard  before 
or  since.  It  was  published  in  pamphlet  form 
and  may  still  be  found  occasionally  in  the  li- 
braries of  the  lawyers  of  that  time. 

"The  abilities  which  Lockwood  displayed  in 
the  trial  of  these  great  cases  gave  him  a  state 
reputation  as  being  the  greatest  lawyer  on  the 
Coast.  Doubtless  he  was  and  would  have  died 
secure  in  that  reputation,  but  for  that  strain 
approaching  insanity  in  his  nature,  which  led 
him  to  such  extremes  in  conduct  and  experi- 
ence. Many  stories  are  told  of  his  skill  in  the 
court  room  where  he  was  the  wonder  and  ad- 
miration of  the  bar.  In  fact  every  one  who 
came  in  contact  with  him  had  imprinted  on  his 
mind  a  vivid  picture  of  the  man;  of  his  facial 


expression,  of  his  physical  movements  and  of 
his  original  style,  and  a  strong  remembrance 
of  his  powerful  voice,  which,  to  use  the  lan- 
guage of  Judge  Moore,  'was  like  the  growl  of 
a  grizzly  bear.'  Walking  down  the  street  the 
other  day  I  met  J.  H.  Flickinger  who  told  me 
that  of  all  the  pioneers  of  California  his  recol- 
lection of  Lockwood,  was  perhaps  the  earliest 
and  the  most  pleasing.  He  was  a  fellow  pas- 
senger with  Lockwood  when  he  first  came  to 
California  around  the  Horn  in  1849.  For  the 
first  month  out  from  New  York  Lockwood 
never  left  his  cabin,  but  after  that  he  began 
to  mingle  with  the  rest.  Before  the  voyage 
was  ended  the  passengers  became  aware  of 
the  fact  that  they  had  on  board  the  most  sin- 
gular, brilliant  and  versatile  genius  they  had 
ever  known.  The  range  of  his  reading  and 
of  his  experience;  his  knowledge  of  human 
character;  his  command  of  language,  of  liter- 
ature and  the  infinite  variety  of  his  moods, 
were  a  revelation  to  his  shipmates.  After  the 
voyage  was  ended  and  during  the  whole  of 
Lockwood's  career  in  California  he  retained 
his  friendship  for  Mr.  Flickinger,  and  when- 
ever he  was  in  San  Jose  was  pleased  to  spend 
a  while  with  his  "shipmate"  and  live  over  again 
their  mutual  past. 

"Elias  L.  Beard,  of  San  Jose  Mission,  was 
a  long  and  strong  friend  of  Lockwood.  Beard 
was  an  aggressive  character  and  was  involved 
in  lawsuits  of  various  kinds  in  all  of  which  he 
had  Lockwood  for  his  attorney.  One  time  a 
fellow  whose  name  has  escaped  immortality, 
sued  Beard  for  slander  and  employed  E.  K. 
Sanford  as  his  attorney.  The  case  came  on  for 
trial  before  Judge  AVatson,  with  Lockwood  for 
the  defense.  Sanford  made  his  opening  speech 
to  the  jury,  and  it  was  very  flowery.  He  quot- 
ed elaborately  from  the  poets  as  to  the  value 
of  a  man's  character  and  the  outrage  of  slan- 
derous assaults  upon  it.  'Who  steals  my  purse 
steals  trash,  etc.,'  came  in  the  climax,  and  San- 
ford sat  down  well  pleased  at  his  burst  of  ora- 
tory. Then  Lockwood  arose,  and,  addressing 
the  jury,  also  took  the  subject  of  character  for 
his  theme.  He  dwelt  upon  the  value  of  char- 
acter more  eloquently  than  his  opponent,  quot- 
ed again  all  of  the  poetic  passages  which  San- 
ford had  done,  and  adding  to  their  number, 
built  up  his  speech  to  the  very  summit  of  a 
splendid  consummation  and  then  capped  it  all 
with  this  anti-climax,  which  won  his  case. 
'Gentlemen  of  the  jury,  remembering  all  that 
I  have  said  to  you  of  the  value  of  human 
character,  I  solemnly  declare  that  if  you  will 
give  a  down-East  Yankee  a  jack-knife  and  a 
cedar  stick  he'll  whittle  out  a  better  char- 
acter in  five  minutes  than  has  ever  been  es- 
tablished yet  in  any  court  of  justice.' 


HISTORY  OF   SANTA   CLARA   COUNTY 


79 


"Rufus  A.   Lockwood  was  once  the  defend- 
ant in  an  action  brought  by  one  named  Harlan 
in  our  District  Court,  and  involving  the  title 
to  a  piece  of  land  adjacent  to  San  Jose.    Lock- 
wood   was  his  own   lawyer  and  did  not  have 
a   fool   for   a   client,   in   spite  of  the   old   legal 
saw.     The  case  turned  upon  the  validity  of  a 
certain    deed    which    made    its    appearance    at 
the  trial   and   was  offered   in   evidence  by  the 
plaintiff.      It    appeared    to    be    entirely    in    the 
handwriting  of  Lockwood  and  to  convey  the 
premises  in  question.      If  valid   and   so  found 
by  the  court,  Lockwood  would  have  stood  be- 
smirched  with   having  acted   dishonorably  to- 
ward   Harlan.      The    case   was    hotly   contest- 
ed on  both  sides,  and  Lockwood's  blood  was 
up.    When  the  deed  was  produced  and  offered 
in  evidence  Lockwood  looked  it  over  careful- 
ly and  then  arose  in  court,  and  in  a  voice  of 
thunder  declared  it  a  forgery.  William  T.  Wal- 
lace was  attorney  for  the  plaintiff,  and  seeing 
Elias  L.   Beard  in  the  court  room,  called  him 
suddenly  to  the  witness  stand  to  testify  as  to 
Lockwood's  signature.     Beard  didn't  want  to 
testify  against  his  friend,   but  after   carefully 
examining  the  instrument  he  was  obliged  to 
swear  that  he  believed  it  to  be  in  Lockwood's 
hardwriting.      Lockwood   cross-examined   him 
as  follows  :    'Elias,  you  think  that  I  wrote  that 
deed,  do  you?'    'Yes,  Rufus,'  reluctantly  stam- 
mered  Beard,   'I    think   that's   your   handwrit- 
ing.'   'Now,  Elias,'  said  Lockwood  (who  prid- 
ed himself  on  his  spelling),  'if  I  was  going  to 
write  a  deed,  do  you  think  that  I  would  spell 
'indenture'     with     two     tt's?'    Beard     hastilj' 
scanned  the  deed,  and  there,  sure  enough,  was 
'indenture'    spelled    with    two    tt's.      'No,    Ru- 
fus,' said  Beard,  exultingly,  'I  don't  believe  you 
would,  and  I  think  this  deed  is  a  forgery.'  And 
so  it  proved  to  be,  for  after  the  case  was  end- 
ed it  was  discovered  that  a  fellow  who  was 
staying  at  Harlan's  house,  and  who  was  an  ex- 
pert penman  and  given  to  imitating  handwrit- 
ing, had  written  the  deed." 

Judge  Richards'  graphic  and  interesting  pic- 
ture of  Lockwood  gives  the  historian  oppor- 
tunity to  supplement  it  with  the  following 
review  of  the  distinguished  lawyer's  checkered 
career : 

Rufus  A.  Lockwood  was  born  in  Stamford, 
Conn.,  in  1811.  His  true  name  was  Jonathan 
A.  Jessup.  At  eighteen  he  was  a  student  at 
Yale  but  left  in  the  middle  of  the  term  to 
enlist  on  a  United  States  man-of-war.  In  his 
first  cruise  he  saw  one  of  his  shipmates  tied 
up  and  brutally  flogged  for  a  trivial  offense. 
Shocked  by  the  sight  he  deserted  and  changed 
his  name  to  Lockwood.  It  was  not  long  be- 
fore he  was  in  Chicago.  After  teaching  a 
country  school,  studying  first  medicine  and 
then  law,  he  was  admitted  to  practice  in  the 


courts  of  the  state.  In  1836  he  opened  a  law 
office  in  Lafayette,  Ind.  An  opportunity  to 
show  his  merit  soon  came.  Engaged  for  the 
defense  in  a  celebrated  murder  case  he  made 
such  an  impressicm  tm  the  jury  that  a  ver- 
dict of  acquittal  was  rendered.  The  speech 
was  such  a  masterly  effort  as  to  warrant  its 
publication  in  pamphlet  form.  This  historian 
saw  a  copy  in  the  late  '60s.  It  was  the  prop- 
erty of  Joseph  I'atton,  then  a  member  of  the 
police  force  and  a  brother  of  the  second  wife 
of  J.  J.  Owen,  then  the  editor  of  the  Mer- 
cur}'.  Patton  had  been  present  at  the  trial 
and  he  said  that  the  perusal  of  the  speech 
ctiuld  give  no  adequate  conception  of  its  liv- 
ing effect.  It  was,  in  his  opinion,  the  best 
jury  speech  ever  delivered  on  this  continent. 
Lockwood's  victor}'  brought  him  into  the  full 
blaze  of  popular  attention  and  applause.  For 
a  few  years  his  professional  business  was  large, 
but  through  dissipation  and  unfortunate  land 
speculations  his  debts  at  last  accumulated  be- 
■iond  his  ability  to  pay.  He  raised  what  money 
he  could  for  the  benefit  of  his  creditors, 
then  went  to  Mexico  and  there  entered  upon 
a  course  of  riotous  living  interspersed  with 
periods  of  study  in  which  he  obtained  mas- 
tery of  the  Spanish  language  and  Spanish  civil 
law.  When  his  funds  grew  low  he  worked 
his  way  back  to  the  United  States  and  re- 
sumed his  law  practice  in  Lafayette.  While 
the  California  gold  excitement  was  at  its 
height  he  joined  in  the  rush;  arrived  in  San 
Francisco  low  in  pocket  and  for  six  months 
was  clerk  in  a  law  office  where  he  not  only 
furnished  the  law,  but  swept  out  the  office, 
made  fires,  etc.  He  received  his  wages  every 
evening;  every  night  found  him  in  a  gambling 
house;  every  morning  found  him  penniless.  He 
afterward  entered  into  a  law  partnership  but 
soon  threw  up  the  business  on  account  of  his 
unfortunate  habits  and  as  a  penance  hired 
himself  out  as  a  day  laborer,  shoveling  sand, 
coaling  steamers,  doing  anything  that  came 
to  hand.  This  fit  lasted  a  month  or  two. 
Then  with  a  clear  brain  he  opened  a  law 
office  and  was  soon  in  possession  of  a  lucra- 
tive practice. 

His  professional  gains  only  increased  his 
passion  for  gambling  and  drinking  and  again 
at  war  with  himself  and  the  world  he  sailed 
for  Australia,  remaining  there  two  years.  One 
time  he  was  clerk  in  a  law  office,  but  was 
discharged  because  he  refused  to  copy  into 
a  brief  a  paragraph  that  was  not  law.  His 
last  occupation  in  Australia  was  that  of  herd- 
ing sheep.  After  his  return  to  San  Francisco 
he  was  engaged  to  argue  a  famous  land  case 
before  the  U.  S.  Supreme  Court.  By  his  ef- 
fort in  that  court  he  showed  himself  to  be 
the  equal  of  the  best  lawyer  in  the  land.     He 


80 


HISTORY   OF   SANTA   CLARA   COUNTY 


returned  from  Washington  in  1856.  In  the 
fall  of  1857  he  sailed  for  the  Isthmus  en  route 
to  New  York,  on  professional  business.  At 
Aspinwall  he  connected  with  the  Central 
America  on  her  last  voyage.  She  was  wrecked 
in  a  storm  and  not  a  single  passenger  was 
saved. 

Judge  Richards  continues  his  reminiscences 
by  the  following  stor}':  "The  account  of 
Lockwood's  death  recalls  the  manner  of  dy- 
ing of  another  member  of  our  early  bar,  of 
whom  I  have  written — Freeman  McKinney. 
AVhen  Flenry  A.  Crabbe  conceived  his  fatal 
filibustering  expedition  into  Sonera  in  1857 
he  attracted  a  number  of  brilliant  but  adven- 
turous characters  to  his  company,  and  among 
these  was  Freeman  McKinney.  Doubtless  the 
expedition  was  entered  upon  in  good  faith  by 
many  of  Crabbe's  followers,  who  were  led  to 
believe  that  an  actual  revolution  was  in  prog- 
ress in  Sonora.  McKinney  was  captured  and 
shot.     He  met  death  like  a  brave  man. 

"Still  ancither  story  has  been  told  of  Judge 
Redman.  One  day  as  he  sat  in  his  court 
room,  with  his  clerk,  H.  C.  Melone,  writing 
below  him,  J.  Alexander  Yoell  entered.  His 
business  was  with  Melone,  wdio  was  a  large 
man  of  strong  likes  and  dislikes,  and  of  cjuick 
temper — a  typical  border  character.  Between 
himself  and  Yoell  a  misunderstanding  oc- 
curred, which  on  Melone's  part  ripened  at 
once  into  a  row  and  he  pitched  into  Yoell.  The 
Judge  sat  quietly  viewing  and  enjoying  the 
tussle  and  making  no  effort  to  stop  it  until 
some  gentlemen  entered  and  separated  the 
combatants.  Then  turning  to  the  Judge,  with 
some  indignation,  he  said,  'You're  a  pretty 
specimen  of  a  Judge  to  sit  there  and  permit  a 
personal  encounter  to  go  on  in  your  court.' 
'My  friend,'  said  Judge  Redman,  calml}--,  'What 
could  I  do?  The  Legislature  in  its  wisdom  has 
not  seen  fit  to  provide  my  court  with  a 
bailiff,  and  hence  I  could  not  order  them 
into  custody.  The  clerk,  you  see  was  en- 
gaged, and  I  could  not  have  entered  a 
fine ;  and  if  I  had  descended  from  the 
bench  to  interfere  I  would  cease  to  be 
Judge  and  would  be  no  better  than  any 
other  fool  in  the  court  room.'  I  am  told  that 
when  this  yarn  was  told  to  Stephen  J.  Field 
of  the  Supreme  Court,  the  eminent  jurist 
laughingly  declared  that  Judge  Redman's  po- 
sition was   correct. 

"It  may  be  gathered  from  some  of  these 
sketches  that  the  lawyers  of  our  early  times 
did  not  always  have  their  law  books,  either 
when  out  of  court  in  the  day  time,  or  be- 
tween days  when  they  burned  the  midnight 
oil.  Nearly  all  of  the  pioneers  of  the  bar 
played  cards  and  often  enjoyed  the  game 
greater  when  the  pot  was  a  big  one  and  the 


bets  were  high.     Here  is  an  incident  of  one 
of  those  heavy  earthquakes  which  visited  the 
Coast   and    struck    terror    to    the    heart   of   its 
denizens  during  the  '50s,  and  before  the  aver- 
age man  grew  accustomed  to  'temblors'.    One 
day  William  T.   W^allace,  John  H.   Moore,  J. 
A.  Moultrie  and  a  layman  or  two  were  having 
a  quiet  game  in  one  of  the  adobes  near   the 
court  house.    The  pot  was  large,  the  bets  were 
made  and  ended,  and  a  show-down  was  about 
to  be  made  when  the  earthquake  came.    Every- 
Ijody  made  for  the  street  as  earthquake-shaken 
people  onl}-  can.     After  the  danger  was  over, 
the   players    remembered    their   game   and   re- 
turned to  the  adobe.     The  'pot'  was  still  there, 
but  every  player,  save  one,  had  lost  his  hand 
somewhere  in  the  panic.     That  one  was  'Bill' 
Wallace,  who,  with  a  presence  of  mind  which 
was  characteristic,  produced  the  cards  he  had 
clung     to     tJiroughout     the     earthquake,     and 
claimed   the   pot.     The   hand   was   a   low   one, 
but  he  dared  the  rest  to  show  a  higher,  and 
when  none  of  them  could,   he  raked   the  pot. 
"When  Judge  Redman  resigned  his  office  of 
county  juclge  in  1852,  C.  E.  Allen  was  appoint- 
ed to  serve  out  his  unexpired  term,  which  he 
did   with   great   credit   to   himself   and   to    the 
court.     After   him   came   R.   B.    Buckner,   who 
was  elected  in  1853.     We  all  remember  Judge 
Buckner   and    his    quaint   ways    of   dispensing 
justice  from  his  bench  as  justice  of  the  peace 
in    modern     days.     On    the    old-time    county 
bench   he  was  much   the  same  in   method,  as 
the    following    incident    will    illustrate :      One 
party   had   leased   a   piece   of   land   to   another 
for    a    term,    which    ended,    and    he    removed 
from  the  land  leaving  behind  him  a  quantity 
of  compost,   which   later   he   tried   to   remove, 
but  was  prevented  by  the  owner  of  the  land. 
The  tenant  brought  a  replevin  suit  against  his 
former  landlord  for  possession  of  the  compost, 
in  Judge  Buckner's  court.     The  case  dragged 
on   while   the   lawyers   disputed   in   briefs   and 
arguments  about  the  law.  of  fixtures,  and  the 
principles   governing   the    change   of   personal 
into   real   property.      At   last    the   actual    trial 
came  on,  when  the  defendant  proved  that  since 
the    case    was    commenced    his    chickens    had 
so  scattered  the  compost  that  it  had   lost  its 
identity    and    become    mingled    with    the    soil 
of   his   land.      Judge    Buckner   chewed   his   in- 
variable 'quid'  calmly  until  the  time  for  pro- 
nouncing judgment  came.     He  then  rendered 
his  decision  as  follows:    'This  case  has  been 
argued  learnedly  by  the  lawyers  on  both  sides, 
who  have  drawn  fine  distinctions  between  per- 
sonal and  real  property.     The  court  does  not, 
however,  deem  it  necessary  to  draw  any  such 
nice  distinctions,  for  the  reason  that  the  evi- 
dence  shows   that  while   the  action   has   been 
pending   the   defendant's   chickens    have   scat- 


HISTORY   OF   SANTA   CI.ARA   COUNTY 


81 


tered  the  property  in  controversy  beyond 
identification,  and  have  thereby  Hterally 
scratched  the  plaintiff's  ca.5e  out  of  court.' 

"The    iirst    legislature    of    California,    which 
met  in  the  fall  of  1S49  in  San  Jose,  provided 
the  state  with  a  judicial  system,  consisting  of 
a    Supreme    Court    and    nine    District    Courts, 
which     met     in     as     many     judicial     districts 
throughout  the  State.     The  counties  of  Santa 
Clara,   Contra  Costa,   Santa  Cruz  and   Monte- 
rey constituted  the  Third  Judicial  District  un- 
der this  statute,  and  John  H.  Watson  was  ap- 
pointed its  judge.     Judge  Watson  was  a  man 
of  considerable  abilit)',  but  of  not  a  very  vast 
fund  of  legal  knowledge.     He  it  was  who  de- 
livered the  famous  and  humorous  charge  to  the 
jury  at  Monterey  in  the  case  of  Dean  vs.  Mc- 
Kinley,  and  which  has  heretofore  been  record- 
ed.     One   da}'  while   the  Judge  was   traveling 
from   San  Jose  to   Santa   Cruz    (to  held  court 
there)    in  company   with   several   members   of 
the   bar  of  his   district,   among  whom  was   R. 
F.    Peckham,    the    latter    began    to    poke    fun 
at  Judge   Watson  for  his   charge   to   the  jury 
in  the  McKinle}'  case.     'Now,  Peckham,'  said 
the  Judge,  'don't  you  think  I  do  about  as  well 
as  any  one  else  who  don't  know  any  more  law 
than   I   do?'    'Before  I   can  answer  that  ques- 
tion, Jndge,'  answered  Peckham,  'I  would  have 
to  ascertain  just  how  much  law  you  do  know.' 
•'  'Well,  to  tell  the  truth,  Peckham,  T  don't 
know  any,  for  I  never  read  a  law  book  in  my 
life.'  'Well,'  laughed  Peckham,  T  must  say  that 
for  a  judge  who  never  read  a  law  book  you  do 
remarkabl}-  well,  but  how  do  you  manage  to 
get  along  with  your  cases?'    'I'll  tell  you  the 
secretji  Peckham,'  said  Judge  Watson,  '1  make 
use   of  two   presumptions   in   the   trial   of   my 
cases.     When  I  have  heard  the  evidence  I  first 
presume  what  the  law  ought  to  be  to  do  jus- 
tice between  the  parties,  and  after  I  have  set- 
tled that  presumption  I  next  presume  that  the 
law   is   what   it   ought   to   be,   and   give   judg- 
ment accordingly.' 

"Here  is  another  instance  of  Judge  Wat- 
son's affection  for  presumptions.  One  day 
Tames  M.  Jones  was  arguing  a  case  before 
Watson,  which  involved  some  proposition  of 
the  old  Spanish  law.  Watson  didn't  understand 
Spanish,  and  hence  Jones  had  to  both  read 
and  translate  the  law  which  he  claimed  would 
sustain  his  case.  Judge  Watson  didn't  like  the 
law  which  Jones  was  evolving  from  the  Span- 
ish text  and  after  awhile  he  said :  'Mr.  Jones, 
the  Court  has  no  doubt  that  you  are  correct- 
ly translating  that  statute  and  that  it  at  one 
time  was  the  Spanish  law ;  but  that  statute  is 
so  absurd  and  unjust  as  applied  to  the  facts 
in  this  case  that  the  Court  is  going  to  pre- 
sume that  the  law  you  are  citing  has  been  re- 


pealed.'   Of  course  such  presumption  was  in- 
disputable and  Jones  lost  his  case. 

"The  term  of  Judge  Watson's  service  on  the 
district  bench  was  ended  in   1851   by  his  sud- 
den resignation  and  return  to  the  practice  of 
law.     John   H.  Moore  was  then  district  attor- 
ney, and  being  a  young,  vigorous  and  prosper- 
ous   attorney,    he    gained    many    convictions. 
Judge     Watson    saw     this    criminal     business 
growing   in   his   court,   and    saw   also   Moore's 
success.     He  had  some  abilities  as  an  orator, 
had  the  Judge,  and  he  conceived  the  idea  that 
he  could  make  a  fortune  defending  criminals. 
So   one  da}'   he   resigned   and   at  once   opened 
a  law  office.    Meeting  Moore  afterward  he  told 
him  of  his  plans  and  rather  boastingly  informed 
the  young  district  attorney  that  the  day  of  his 
success  as  a  prosecutor  was  passed.     Moore  ad- 
vised him  not  to  be  too  confident  until  he  had 
won  a  case  or  two.     The  very  next  case  which 
came  up  for  trial  was  the  case  of  one  Basquiz 
for   horse   stealing.     The   penalty   for   this   of- 
fense was  at  that  time  capital  unless  the  jury 
fixed  a  lesser  punishment,  but  District  Attor- 
ney Moore,  not  believing  in  the  harsh  law,  had 
never  }'et  asked  a  jury  to  permit  the  extreme 
penalty.     When  Judge  Watson,  however,  vol- 
unteered to  defend  this  horse-thief,  Moore  told 
him  that  he  had  a  bad  case  and  that  his  client 
might  hang.     The  Judge,  however,  was  confi- 
dent of  his  power  before  a  jury,  and  the  case 
came  on.     Upon  the  argument  Judge  Watson 
spread  himself  in  a  wild  flight  of  oratory,  but 
all  in  vain,  for  the  jury  stayed  with  Moore  and 
brought    in    a    prompt   verdict   for    conviction 
without  limitation,   and   Judge  Watson's   first 
client  was  hanged. 

"Upon  the  retirement  of  Judge  Watson, 
Craven  P.  Hester,  Esq.,  was  appointed  in  his 
stead.  Judge  Hester  was  a  native  of  Indiana, 
where  he  studied  law  and  practiced  it  for  some 
years  before  coming  to  San  Jose.  He  brought 
to  the  bar  of  San  Jose  a  fine  reputation  as  a 
lawyer  and  as  a  man  of  high  sense  of  profes- 
sional and  personal  honor.  His  appointment 
in  1859  to  Judge  Watson's  vacant  seat  gave 
general  satisfaction  and  when  the  general  elec- 
tion came  a  year  later  he  was  chosen  to  serve 
for  a  term  of  six  years  as  district  judge.  A 
great  many  important  cases  were  tried  before 
Judge  Hester  and  the  ablest  lawyers  in  the 
state  of  California  practiced  in  his  court.  '  The 
sessions  of  the  District  Court  were  held  in  the 
State  House  until  it  was  destroyed  by  fire  in 
1853,  when  the  county  provided  them  with 
quarters  in  the  frame  building  which  was  re- 
cently removed  from  the  southeast  corner  of 
Second  and  San  Fernando  streets.  There  for 
several  years  Judge  Hester  held  his  court. 
There  occasionally  came  such  lawyers  as  Lock- 


82 


HISTORY   OF  SANTA  CLARA  COUNTY 


wood  and  Randolph  and  Baker  and  other  bril- 
liant men  from  the  bar  of  the  State. 

"When  the  judicial  term  of  Judge  Hester  ex- 
pired he  was  not  re-elected,  and  as  I  am  told, 
for  a  peculiar  reason.  In  the  district  of  Judge 
Hester  there  were  many  lawyers  of  several  de- 
grees of  merit.  The  leader  of  the  San  Jose 
bar  was  William  T.  Wallace  during  the  '50s. 
The  leader  of  the  Monterey  bar  was  D.  R. 
Ashley,  and  of  the  Santa  Cruz  bar  was  R.  F. 
Peckham  during  the  same  period.  This  trio 
of  lawyers  each  worked  hard  at  their  cases, 
tried  them  well,  and  in-  consequence,  were  very 
successful  each  at  his  own  bar.  Their  suc- 
cess made  other  lawyers  of  less  studious  hab- 
its jealous,  and  as  the  time  for  another  elec- 
tion came  on,  they  spread  the  campaign  rumor 
that  this  trio  of  lawyers  'owned'  Judge  Hes- 
ter and  that  he  always  decided  their  way.  The 
opposition  nominated  Samuel  Bell  McKee 
upon  this  issue  and  succeeded  in  electing  him. 
Accordingly  Judge  McKee  became  district 
judge  in  1858,  and  remained  so  until  the  change 
in  the  district  made  in  1872,  by  which  the  old 
Third  with  some  variations  became  the  Twen- 
tieth Judicial  District  and  David  Belden,  Esq., 
was  elected  as  judge." 

This  concludes  the  excerpts  from  Judge 
Richards'  article.  There  are,  however,  more 
stories  about  that  eccentric  character,  J.  Alex- 
ander Yoell.  He  was  one  of  the  ablest  law- 
yers of  the  early  days  but  his  peculiar  dis- 
position kept  him  continually  in  hot  water.  He 
was  fiery,  impetuous  and  quick  to  take  ofifense 
and  could  not  control  his  tongue.  If  the  num- 
ber of  times  he  was  fined  for  contempt  of  court 
could  be  ascertained  it  would  take  up  a  whole 
page  of  this  history.  William  Matthews  was 
another  old  time  attorney.  He  was  a  South- 
erner, polite,  precise,  dignified  and  of  undoubt- 
ed courage.  Once  he  and  Yoell  opposed  each 
other  in  a  court  case.  During  the  trial  Yoell 
became  angry  at  some  remark  of  Matthews' 
and  made  a  vitriolic  reply.  The  next  instant 
an  ink  bottle  caromed  on  Yoell's  forehead,  the 
ink  running  in  little  rivulets  down  his  face. 
His  right  hand  went  quickly  toward  his  hip 
pocket,  but  before  the  hand  reached  the  pocket, 
the  muzzles  of  two  derringer  pistols  were 
pointed  at  his  head.  "Hands  up !"  sternly 
commanded  Matthews.  Yoell's  hands  went  up 
immediately.  Then  he  said  in  a  shaking  voice 
as  he  spat  out  the  ink  which  had  dribbled 
over  his  upper  lip:  "Good  God,  Matthews, 
won't  you  let  me  get  out  my  handkerchief?" 

Another  lawyer  with  whom  Yoell  had  fre- 
quent spats  was  C.  C.  Stephens,  now  a  resi- 
dent of  Los  Angeles.  A  will  case  was  on  trial 
before  Judge  Belden.  Stephens  appeared  for 
the  proponent,  Yoell  for  the  respondent.     One 


of  Stephens'  witnesses  met  Yoell  on  the  street 
and  after  a  short  talk  about  the  case  the  wit- 
ness was  advised  by  Yoell  not  to  testify  un- 
til after  he  had  received  his  fee.  Yoell  be- 
lieved that  Stephens  was  short  of  money  and 
that  the  demand  of  the  witness  would  not  be 
complied  w^ith.  Therefore  the  trial  would  ei- 
ther be  delayed  or  valuable  testimony  for  the 
proponent  would  be  lost.  The  witness  prom- 
ised to  follow  the  advice  and  in  due  time  was 
called  to  the  stand.  Before  taking  the  oath 
he  said  to  Stephens :  "I  want  my  fee  before 
I  testify."  Stephens  fished  out  a  handful  of 
loose  change  and  then  said:  "Be  sworn  and 
then  I  talk  turkey."  The  witness  took  the 
oath  and  then  waited  for  the  payment  of  the 
fee.  "One  moment,"  said  Stephens,  "I've  got 
to  figure  this  out.  You  live  in  Berryessa  and 
the  mileage  is — hold  on,  I've  forgotten  some- 
thing. Before  we  go  any  further,  I  must  make 
sure  you  are  the  witness  I  want.  Were  you 
present  when  the  will  was  signed?"  "Yes," 
replied  the  unsuspecting  witness.  "Did  you 
witness  the  signature?"  "Yes,  of  course  I  did." 
"Then  you  are  the  man  and  that's  all  I  want 
of  _you.  Mr.  Yoell,  you  may  have  the  wit- 
ness." So  saying  Stephens  put  back  his  money 
and  grinned  at  Yoell,  whose  face  was  black 
with  rage.  "You're  a  pettifogger,"  Yoell 
shouted.  "Mr.  Yoell,"  admonished  the  Court, 
"I  can  not  permit  the  use  of  such  language." 
"But  he's  a  pettifogger,"  raved  Yoell,  "and 
he's  cheating  this  witness."  "Sit  down,"  was 
the  stern  command  from  the  bench.  "Mr. 
Yoell,  you  are  fined  fifty  dollars  for  contempt 
of  court.  Mr.  Sheriff  take  him  into  custody 
and  keep  him  confined  until  the  fine  i^  paid." 
In  the  late  '608  W.  Frank  Stewart,  as  jus- 
tice of  the  peace,  held  court  in  a  small  room 
on  South  Market  street  near  Santa  Clara  street. 
Stewart  was  a  queer  genius  and  no  one  who 
ever  saw  and  talked  with  him  will  ever  forget 
him.  He  was  over  six  feet  in  height  and  bony 
and  angular.  In  many  respects  he  bore  a 
marked  resemblance  to  z\braham  Lincoln, 
though  his  features  were  of  a  sterner  type. 
He  was  a  Southerner,  with  the  sensitiveness 
of  a  woman  and  the  fearlessness  of  a  crusader. 
His  life  had  been  an  adventurous  one.  He  had 
fought  in  the  Mexican  war,  filibustered  in 
Mexico  with  Walker,  been  editor,  miner,  poet, 
geological  expert,  saloon-keeper,  merchant  and 
justice  of  the  peace  and  was  quite  capable 
of  filling  any  office  within  the  gift  of  the  peo- 
ple. After  he  left  San  Jose,  he  went  to  Ne- 
vada, became  state  senator,  afterward  state 
mineralogist  and  died  in  the  early  '80s.  As 
a  justice  he  was  just  in  his  decisions  but  very 
testy  and  severe  with  lawyers  who  attempted 
pettifogging.  J.  Alexander  Yoell  was  a  source 
of  constant  annoyance  to  Stewart.     Yoell  was 


HISTORY   OF   SANTA   CLARA    COUNTY 


83 


fiery  and  irrepressible  and  paid  not  the  slight- 
est regard  to  the  orders  and  rules  of  the 
Court.  One  day  Stewart's  wrath  at  Yoell's 
actions  exceeded  all  bounds.  One  fine  for  con- 
tempt was  succeeded  by  another  until  the 
amount  reached  a  thousand  dollars.  Then 
Stewart  used  language  unfit  for  print.  The  at- 
torney replied  by  throwing  an  ink  bottle  at  the 
Justice's  Ijead.  Stewart  dodged  the  missile, 
then  got  to  his  feet.  'T  will  adjourn  Court 
five  minutes."  he  said,  "while  I  lick  the"  (the 
words  are  unprintable).  Putting  on  his  hat 
and  grasping  his  cane  he  started  for  the  bench. 
Yoell,  realizing  that  Stewart  meant  business 
went  out  of  the  door  hke  a  flash  and  tore  up 
the  street.  Stewart,  raging  like  a  mad  bull 
plunged  after  him  and  business  on  Santa  Clara 
street  was  suspended  while  the  chase  contin- 
ued. But  Yoell  was  the  better  sprinter  and  a 
physical  conflict  did  not  take  place. 

While  Stewart  was  holding  court  on  South 
Market  street,  Jo  Johnson,  a  Southerner,  who 
had  been  bailiff  of  Judge  Redman's  court,  was 
administering  justice  on  the  lower  floor  of  the 
old  city  hall  on  North  Market  street.  J.  Al- 
exander Yoell  and  W.  H.  Collins  were  legal 
rivals  in  a  petty  case.  Yoell's  exasperating 
tactics  so  wrought  upon  Collins'  nerves  that 
the  two  attorneys  soon  came  to  blows.  While 
they  were  rolling  upon  the  floor  like  two  angry 
cats  Johnson  left  the  bench,  cane  in  hand,  and 
standing  over  the  combatants  regarded  them 
for  a  moment  with  an  amused  smile.  Then  he 
raised  his  cane  and  whack!  it  came  down  on 
Yoell's  head;  Yoell  ceased  to  struggle  and  lay 
still.  Then  Collins  got  to  his  knees  and  was 
about  to  speak  when  whack !  from  the  cane 
and  Collins  straightened  out  and  for  a  time 
ceased  to  take  any  interest  in  court  room  af- 
fairs. Later,  when  heads  had  been  bandaged 
fines  were  imposed  only  to  be  remitted  when 
humble  apologies  had  been  made. 

The  County  Court  went  out  of  existence  witli 
the  adoption  of  the  new  constitution  in  1879. 
The  judges  were  as  follows:  J.  W.  Redman,  R. 
B.  Buckner,  John  H.  Moore,  Isaac  N.  Senter, 
Lawrence  Archer,  R.  I.  Barnett  and  D.  S. 
Payne. 

The  first  grand  jury  of  the  county  was  com- 
posed of  the  following  persons:  Charles 
White,  foreman;  James  F.  Reed,  William 
Campbell,  David  Dickey,  William  Higgins, 
G.  W.  Bellamy,  Jeptha  Osborn,  J.  W.  McClel- 
land, Arthur  Shearer,  C.  Campbell,  Lewis 
Cory,  W.  G.  Banden,  James  Murphy,  R.  M. 
May,  James  Appleton,  Carolan  Matthews,  F. 
Lightston,  W.  Hoover,  C.  Clayton,  J.  D.  Curd. 

The  first  court  house  was  the  old  Juzgado, 
fronting  the  plaza,  which  at  that  time  extend- 
ed north  to  or  beyond  First  Street.  It  was  not 
well  adapted  to  the  purpose  and  in  1850  the 


court  was  removed  to  a  two-story  adobe  build- 
ing on  the  west  side  of  First  Street  opposite 
Fountain  Alley.  It  occui)ied  this  buikling 
until  the  latter  part  of  1851,  when  it  was  for  a 
short  time  held  in  the  Bella  Union  building  on 
Santa  Clara  Street.  From  there  it  went  to  the 
State  House  building,  near  the  corner  of  Mar- 
ket and  San  Antonio  streets,  where  it  re- 
mained until  that  building  was  burned  down. 
It  then  went  into  temporary  cjuarters  at  the 
city  hall,  then  located  on  Lightston  Street,  be- 
tween Santa  Clara  and  El  Dorado.  In  the 
meantime  the  county  had  purchased  a  lot  at 
the  southeast  corner  of  Second  and  Santa 
Clara  Streets  and  the  buildings  were  fitted  up 
to  accommodate  the  county  offices  and  courts. 
Here  the  department  of  justice  rested  until 
1868.  when  it  took  quarters  in  the  Murphy 
block  at  the  southeast  corner  of  Market  and 
Santa  Clara  Streets.  Its  stay  here  was  only 
for  a  few  weeks,  for  in  the  same  year  the 
present  court  house  was  completed  and  ready 
for  occupancy. 

The  Third  Judicial  District  bench  was  occu- 
pied by  Judges  Watson,  Hester  and  Sam  Bell 
McKee.  The  legislature  of  1871-72  created  a 
new  judicial  district,  which  was  called  the 
Twentieth  and  composed  of  the  counties  of 
Santa  Clara,  Santa  Cruz  and  Monterey.  Hon. 
David  Belden  was  appointed  jud^"e  of  the  new 
district  and  he  remained  in  the  position  until 
the  reorganization  of  the  judicial  system  in 
1880.  Under  the  new  system  Santa  Clara 
county  was  allowed  two  judges,  and  at  the 
election  in  1879  David  Belden  and  Francis  E. 
Spencer  were  chosen.  The  great  learning  and 
sound  reasoning  of  these  two  jurists  gave  the 
bench  of  Santa  Clara  County  a  reputation  sec- 
ond to  none  in  the  Union.  Many  times  had 
these  learned  judges  been  called  upon  to  pre- 
side at  trials  of  important  cases  elsewhere, 
and  hardly  ever  was  the  calendar  called  that 
it  did  not  disclose  some  suit  of  magnitude  sent 
to  them  for  adjudication  from  other  counties. 
Judge  Belden  died  May  14,  1888.  and  a  few 
years  later  Judge  Spencer  passed  to  his  re- 
ward. At  Judge  Belden's  death  the  whole 
state  mourned.  While  his  wonderful  learning 
excited  admiration  and  his  strict  integrity  in- 
duced respect,  no  less  did  his  warm,  sympa- 
thetic nature  command  the  af5e.-.'tion  of  all  with 
whom  he  came  in  contact.  He  was  simple  in 
his  habits  and  unostentatious  in  his  appear- 
ance. Any  one  could  approach  him  and  draw 
at  will  on  his  great  stores  of  knowledge,  while 
neither  his  heart  nor  his  purse  was  closed  to  a 
tale  of  distress.  Judge  Spencer  said  of  him : 
"He  was  a  truly  remarkable  man.  Many  have 
gone  before  him  whose  legal  attainments  have 
been  equal  to  his.  Others  may  have  equally 
possessed  the  treasure  of  masterly  eloquence, 


84 


HISTORY   OF   SANTA   CLARA   COUNTY 


but  it  has  never  been  my  fortune  to  find  com- 
bined in  any  other  person  so  many  rare  ana 
g-lowing  qualities  of  heart,  brain  c;nd  personal 
accomplishments.  As  an  orator  it  has  been 
truly  said  of  him  that  he  possessed  'a  tongue 
of  silver' ;  his  command  of  language  was  won- 
derful, his  selections  bea'utiful  and  most 
happy.  He  was  wont  at  times  with  his  bursts 
of  eloquence  to  hold  his  listeners  delighted 
and  entranced.  Although  his  delivery  was 
rapid,  he  never  hesitated  for  an  apt  word  or 
sentence.  His  words  came  skipping  rank  and 
file  almost  before  he  would.  As  a  jurist  he 
had  few  superiors.  Well  grounded  in  the  ele- 
ments of  law,  and  conversant  with  the  mass  of 
judicial  precedents,  he  added  that  rare  percep- 
tion of  principles  applicable  to  any  given  set 
of  facts,  and  that  peculiarly  incisive  power  of 
reasoning  that  makes  the  true  lawyer.  He 
was  a  just  judge,  a  wise  interpreter  of  the  lavv' 
and  evidence,  and  withal  simple  and  unassum- 
ing in  manner  and  sympathetic  almost  to  a 
fault." 

Judge  Spencer  was  a  man  of  profound  legal 
attainments.  He  was  admitted  to  the  bar  in 
1858  and  in  1863  was  appointed  city  attorney, 
a  position  he  held  for  seventeen  years.  Here 
he  made  a  record  that  established  his  reputa- 
tion for  legal  learning  and  as  a  man  of  great 
resource.  In  two  suits  he  not  only  relieved 
the  city  from  indebtedness  but  removed  the 
last  cloud  from  the  title  of  every  foot  of  land 
in  the  city.  He  held  the  office  of  district  at- 
torney for  two  terms  and  refused  a  nomina- 
tion for  a  third.  In  1871  he  was  elected  a 
member  of  the  Assembly  and  was  made  chair- 
man of  the  judiciary  committee  of  that  body. 
One  notable  peculiarity  of  his  work  was  the 
care  with  which  he  prepared  his  cases  for  trial. 
No  point  was  too  insignificant  to  be  thorough- 
ly investigated  and  the  law  and  the  authori- 
ties thoroughly  collated.  All  his  knowledge, 
which  included  anatomy,  engineering,  geol- 
ogy, metallurgy  and  mechanical  appliances, 
he  carried  with  him  to  the  bench.  Besides 
his  great  learning  and  sound  judgment,  two 
other  qualities  stood  out  prominently  in  his 
administration  of  justice — the  firmness  and 
dignity  with  which  the  affairs  of  his  tribunal 
were  conducted  and  the  uniform  courtesy 
which  was  extended  from  the  Bench  to  the 
Bar  and  to  all  others  who  appeared  in  his 
court.  When  the  Leland  Stanford  Jr.  Uni- 
versity was  established.  Judge  Spencer  was 
selected  as  a  member  of  the  board  of  trustees 
and  how  well  he  served  the  university  every 
person  of  intelligence  in  Santa  Clara  County 
knows. 

At  the  death  of  Judge   Belden,  John   Rey- 
nolds, one  of  the  leaders  of  the  San  Jose  bar, 


was  appointed  in  his  place.  He,  too,  has  been 
dead  for  many  years.  He  was  methodical, 
painstaking  and  careful,  while  his  learning 
and  high  character  eminently  fitted  him  for 
his  appointment  to  the  bench. 

In  1897  another  change  in  the  judicial  sys- 
tem of  Santa  Clara  County  took  place.  The 
Superior  Court  was  given  three  judges,  in- 
stead of  two.  Upon  inauguration  gi  the  new 
system,  the  business  was  divided  so  that  one 
court  did  all  the  probate  business,  .1  second  the 
criminal  business  and  the  third,  the  civil  busi- 
ness, though  each  department  could  handle 
business  of  either  of  the  other  two  depart- 
ments, in  case  of  overflow.  The  judges  of  the 
Superior  Court  under  the  newest  system  are 
as  follows :  A.  S.  Kittredge,  Judge  A.  L. 
Rhodes,  W.  G.  Lorigan.  S.  F.  Leib,  H.  D.  Tut- 
tle,  John  E.  Richards,  J.  R.  Welch,  M.  H.  Hy- 
land,  P.  F.  Gosbey  and  W.  A.  Beasly.  Kit- 
tredge was  appointed  by  the  governor  as  the 
first  judge  of  the  new  department.  At  his 
death  in  1899  Judge  Rhodes  was  appointed  to 
the  position  and  held  it  until  he  resigned.  His 
place  was  filled  by  John  E.  Richards,  who  ad- 
ministered justice  from  the  bench  until  pro- 
moted to  be  judge  of  the  Appellate  Court. 
Leib  and  Tuttle  served  each  but  short  terms 
to  fill  a  vacancy  in  Department  1,  caused  by 
the  election  of  Judge  Lorigan  to  the  Supreme 
Bench  in  1903.  The  judges  on  the  bench  at 
this  writing  (1922)  are  J.  R.  AVelch,  P.  F.  Gos- 
bey and  F.  B.  Brown. 

Judge  A.  L.  Rhodes,  who  died  in  1919,  aged 
ninety-seven  years,  was  one  of  the  ablest  jur- 
ists in  the  state.  As  the  oldest  member  of  the 
California  bar  he  enjoyed  the  love  and  admira- 
tion not  only  of  the  bar  but  also  of  his  fellow- 
citizens,  irrespective  of  class,  condition  or  re- 
ligion. He  was  a  pioneer  lawyer  in  San  Jose 
when  he  was  elevated  to  the  State  Supreme 
Bench,  a  position  he  held  for  several  terms. 
He  had  gone  into  retirement  when  he  was 
called  upon  to  assume  judicial  duties  in  the 
Santa  Clara  County  Superior  Court  and  he 
could  have  held  the  position  to  an  indefinite 
period  if  his  age  had  permitted.  The  wdiole 
bar  of  the  state  went  into  mourning  when  his 
death  was  announced. 

Judge  Lorigan,  wdio  died  in  1918,  while 
holding  office  as  a  supreme  judge,  was  one  of 
the  most  popular  jurists  Santa  Clara  County 
ever  produced.  He  was  a  graduate  of  Santa 
Clara  College,  studied  law  in  San  Jose,  did 
newspaper  work  on  the  side,  served  as  justice 
of  the  peace  and  superior  judge  and  estab- 
lished such  a  record  for  probity  and  learning 
that  his  appointment  to  the  Supreme  Bench 
was  generally  applauded.  Honest,  faithful 
and  well-beloved,  he  met  death  bravely. 


CHAPTER   V. 


Topography  and  Geology — History  of  the  New  Almaden  Mines — Crime  in 
the  Early  Days — The  Mineral  Springs  of  Santa  Clara  County — The  Oil 
Development. 


The  great  Santa  Clara  Valley  is  but  a  por- 
tion of  that  vast  plain  that  stretches  from  the 
Golden  Gate  on  the  north  to  the  old  mission 
town  of  San  Jnan  on  the  south,  a  distance  of 
ninety  miles.  AVhen  first  peopled  the  whole 
was  known  as  San  Bernardino.  It  is  oval  in 
form  and  attains  its  greatest  width  near  Mt. 
Bache,  where  it  is  about  fifteen  miles.  About 
four  miles  from  San  Jose  and  apparently 
forming  a  barrier  across  the  valley  are  a  chain 
of  low  hills  called  the  Hills  of  Tears.  But  the 
obstruction  is  only  apparent.  About  eight 
miles  from  this  point  the  valley  contracts  to 
a  width  of  about  three  miles  and  so  continues 
for  some  six  miles,  when  it  again  expands  to  a 
breadth  of  nearly  six  miles  and  then  sweeps 
out  to  end  a  few  miles  beyond  Hollister  in 
San  Benito  County. 

A  chain  of  mountains  hems  in  the  valley  on 
either  side,  running  northwest  and  southeast. 
From  the  time  of  its  entry  into  the  county  the 
eastern  range  rapidly  rises,  becomes  broader 
and  ver}^  rough,  having  many  elevated  points 
about  it  until  it  culminates  on  the  summit  of 
Mt.  Hamilton,  nearly  east  of  San  Jose  and 
4.443  feet  above  the  level  of  the  sea.  The 
range  then  decreases  in  height  to  Pacheco 
Pass,  east  of  Gilroy,  the  loftiest  point  of  which 
is  1,470  feet.  The  western  range  near  the 
famous  New  Almaden  mines  is  crowned  by 
two  magnificent  peaks  that  stand  like  stal- 
wart sentinels  guarding  the  precious  treasures 
which  lie  concealed  in  the  yet  unexplored 
storehouses  of  their  lesser  brethren  around. 

In  the  canyons  and  slopes  of  the  western 
chain  are  to  be  found  growing  in  full  vigor 
the  useful  redwood  ^(Sequoia  sempervirens) 
as  well  as  many  oaks  and  madrona.  On  the 
eastern  range  comparatively  few  trees  are 
found,  but  its  swelling  undulations,  pictur- 
esque ravines  and  wealth  of  natural  beauty, 
pleases  the  eye  and  affords  a  marked  contrast 
to  the  forests  of  the  other  side. 

At  a  distance  of  about  twenty-five  miles 
from  San  Jose  Coyote  Creek  has  its  birth,  and 
after  springing  into  vigor  leaves  its  cradle, 
joyously  leaping  and  splashing  among  the 
roots  of  trees  and  playing  around  the  smooth 
worn  sides  of  boulders  until  it  reaches  the 
pastoral  valley,  where  it  assumes  a  more  staid 
demeanor    and    languidly    flows    in    many    a 


cur\e,  at  last  finding  an  end  in  the  waters  of 
San  Francisco  Bay. 

The  next  most  important  creek  of  Santa 
Clara  County  is  the  Guadalupe,  so  named  after 
the  patron  saint  of  Mexico.  It  rises  in  the 
Sousal,  about  three  miles  southwest  of  San 
Jose,  is  fed  by  many  tributaries  and  streams 
and  runs  in  a  northerly  direction  until  it 
Comes  near  the  city,  where  it  takes  a  north- 
easterly course  and  empties  into  San  Fran- 
cisco Bay  near  the  moutl^  of  the  Coyote.  Other 
streams  are  the  Los  Gatos,  having  its  source 
in  the  Santa  Cruz  Mountains,  and  emptying 
into  the  Guadalupe  at  the  foot  of  Santa  Clara 
Street :  the  Almaden,  the  Llagas  and  the  Uvas, 
south  of  San  Jose  and  the  Santa  Ysabel,  Smith 
Creek  and  the  Arro^'o  Honda  in  the  eastern 
foothills. 

The  geological  and  mineralogical  features 
of  Santa  Clara  County  are  of  no  little  impor- 
tance. Beginning  with  the  eastern  foothills 
there  is  a  center  of  metamorphic  cretaceous 
rocks,  flanked  by  an  enormous  thickness  of 
unaltered  cretaceous  strata,  the  latter  consist- 
ing of  sandstone  with  inter-stratified  shales. 
A  coarse  conglomerate,  the  boulders  in  which 
are  metamorphic  rock,  differing  from  that 
comprising  the  main  mass  of  the  mountains,  is 
to  be  found  on  the  outer  margin  of  the  hills 
toward  the  San  Joaquin  plains.  The  unaltered 
tertiary  and  cretaceous  strata  flank  the  entire 
range  on  the  eastern  side  as  far  north  as  its 
junction  with  the  Sierra  Nevadas.  The  ab- 
sence of  the  tertiar}^  is  marked  by  the  precipi- 
tous nature  of  the  range  where  it  joins  the 
plains,  as  opposed  to  the  low-rolling  hills 
where  the  tertiary  overlies  the  cretaceous. 

Along  the  eastern  flank,  the  tertiary,  as  far 
as  known,  rests  conformably  upon  the  creta- 
ceous. The  metamorphic  rocks  have  the  same 
general  character,  being  marked  by  jaspers, 
serpentine  and  occasionall}',  mica  slate.  Their 
limits  are  well  indicated  by  the  growth  of  for- 
est trees.  The  summit  of  Pacheco  Pass,  as 
well  as  of  those  of  other  and  higher  peaks  in  a 
line  crossing  the  range  obliquely  to  the  south- 
east, are  of  trachyte.  This  is  the  first  known 
appearance  of  eruptive  rock  in  the  main 
Mount  Diablo  Range  south  of  Suisun  Bay. 
The  tertiary  is  more  extensively  developed  on 
the  western  than  on  the  eastern  side  toward 


86 


HISTORY  OF   SANTA   CLARA   COUNTY 


the  north.  The  hills  bordering  the  Santa  Clara 
Valley  on  the  east  belong  to  this  period.  The 
rocks  are  altered  in  places.  A  tertiary  ridge 
extends  to  the  northwest,  separating  Santa 
Clara  and  Calaveras  Valleys. 

The  geology  of  the  belt  of  elevated  land  be- 
tween Santa  Clara  Valley,  the  Bay  of  San 
Francisco,  and  the  ocean,  is  rendered  some- 
what complicated  by  the  intrusion  of  granitic 
rocks  among  the  tmaltered  cretaceous  and  ter- 
tiary strata  of  which  these  hills  are  chieily 
formed.  Besides  this  geological  formation, 
rocks  similar  in  lithological  character  to  those 
in  the  Mt.  Diablo  Range  are  found.  Fossils 
sparingly  are  shown.  A  metamorphic  belt  ex- 
tends from  Redwood  City,  San  Mateo  County, 
to  the  southeast  for  a  distance  of  about  forty 
miles,  forming  the  eastern  end  of  the  ridge 
and  the  summit  of  Mount  Bache,  3,780  feet  in 
height,  and  of  other  high  points.  Limestone 
in  detached  masses  occurs  at  several  places 
throughout  this  belt.  Evidences  of  what  was 
once,  in  all  probabilit}^,  a  complete  limestone 
belt,  are  found  at  various  places,  from  the 
summit  of  Black  Mountain,  back  of  Mountain 
View,  to  as  far  south  as  the  New  Almaden 
mines,  which  lie  in  a  ridge  northwest  of  that 
formed  by  the  metamorphic  mass  of  Mounts 
Bache,  Chaoal  and  others.  It  is  to  be  seen  on 
Los  Gatos  Creek,  dipping  to  the  northeast, 
and  is  less  altered  there  than  at  other  places 
where  it  is  hard  and  compact,  though  not 
crystalline. 

The  New  Almaden  Mines. 

By  far  the  most  interesting  and  important 
feature  of  the  range  is  the  presence  of  the  ex- 
tensive deposits  of  cinnabar  in  the  metamor- 
phic cretaceous  rocks  at  the  New  Almaden 
mines,  fourteen  miles  southwest  of  San  Jose 
and  lying  in  a  ridge  east  of  the  main  range. 

The  history  of  the  mines  has  never  been 
presented  in  better  form  than  by  the  late  Mrs. 
Carrie  Stevens  Walter,  mother  of  Roy  Walter, 
city  auditor,  Mrs.  Charles  M.  Shortridge  of 
Oakland,  and  2\Iary  Walter  of  Los  Angeles. 
It  appeared  in  a  handbook  of  Santa  Clara 
County  published  by  E.  S.  Harrison  in  1887 
and  is  as  follows  : 

''Almaden — from  two  Araljic  words,  al,  'the', 
and  maden,  'mine' — was  given  to  the  most  fa- 
mous quicksilver  mine  in  the  world,  located  in 
Spain.  Its  namesake  in  Santa  Clara  County, 
having  no  superior,  with  the  single  exception 
above  mentioned,  deserves  more  than  a  pass- 
ing notice  in  a  work  of  this  character.  The 
New  Almaden  cjuicksilver  mine  is  situated 
about  fourteen  miles  southwest  of  San  Jose, 
in  a  low  range  of  hills  running  parallel  to  the 
Coast  Range.  Tradition  states  that  this  mine 
was  known  to  the  native  Indians  nearly  a  cen- 


tury ago,  and  that  they  used  the  ore  to  form  a 
pigment  paste  by  pounding  and  moistening  it. 
In  1824  the  existence  of  the  mine  was  made 
known  to  Don  Antonio  Sunol,  who  worked  it 
for  silver,  but  not  finding  this  metal,  and  not 
suspecting  the  real  nature  of  the  deposit, 
abandoned  it  at  the  end  of  a  year.  In  Novem- 
ber, 1845,  a  Mexican  officer  named  Andres 
Castillero,  visiting  at  Santa  Clara  Mission, 
was  shown  some  of  the  ore,  and  while  experi- 
menting for  silver,  discovered  quicksilver.  He 
at  once  filed  his  right  to  the  mine  as  a  discov- 
erer, according  to  the  Mexican  and  Spanish 
law,  after  which  he  formed  a  stock  company, 
dividing  the  mine  into  twenty-four  shares.  An 
American  named  William  G.  Chard  was  then 
employed,  who  commenced  the  reduction  by 
charging  a  gun  barrel  with  small  pieces  of  ore, 
stopping  the  vent  with  clay,  placing  the  muz- 
zle into  a  barrel  of  water  and  building  a  fire 
around  the  other  end.  The  mercury,  being 
driven  otT  by  the  heat  in  the  form  of  a  vapor, 
passed  out  at  the  muzzle,  was  condensed  in 
the  water  and  precipitated  in  the  form  of 
liquid  quicksilver.  Three  or  four  gun  barrels 
were  thus  employed  for  several  weeks.  Six 
whalers'  try-pots  were  next  obtained,  capable 
of  holding  three  or  four  tons  of  ore,  and  a  sort 
of  furnace  formed  by  inverting  three  over  the 
other  three,  by  which  some  two  thousand 
pounds  of  metal  were  reduced.  About  this 
time — 1846 — the  mine  was  visited  by  Captain 
Fremont,  who  established  its  ^'alue  at  $30,000. 
Soon  after  this  Barron,  Forbes  &  Co.,  of 
Tepic,  Mexico,  became  the  principal  stock- 
holders and  in  1847,  J.  Alexander  Forbes,  of 
the  firm,  arrived  \A'ith  laborers,  funds  and  ev- 
erything necessary  to  the  proper  working  of 
the  mine.  A  thorough  examination  ga.Ye  so 
much  promise  that  work  was  prosecuted  with 
A'igor.  In  1850  furnaces  were  first  constructed 
and  large  quantities  of  ore  reduced  under  the 
superintendence  nf  the  late  Gen.  H.  W.  Hal- 
leck.  As  the  true  value  of  the  mine  became 
apparent  disputes  concerning  the  title  arose. 
The  compau}'  bought  in  two  titles  for  protec- 
tion. But  matters  liecame  so  complicated  that 
in  1858  an  injunction  ^^•as  placed  on  the  mine, 
A\hich  remained  until  February,  1861,  during 
\\-hich  time  no  work  was  done.  In  1864  the 
company  disposed  of  the  mine  and  all  the  im- 
provements, including,  8,580  acres  of  land,  for 
$1,700,000,  to  a  company  chartered  under  the 
laws  of  New  York  and  Pennsylvania,  as  'The 
QuicksiKer  Mining  Company.' 

"The  workings  of  the  mine  past  and  present 
extend  over  an  area  the  extreme  limits  of 
which  could  barely  be  included  within  a  rect- 
angular block  5,000  feet  long  from  north  to 
south,  6,000  feet  wide  from  east  to  west  and 
2,300  feet  in  depth,  counting  from  the  summit 


HISTORY   OF   SANTA  CF.ARA   COUNTY 


87 


of  mine  hill,  the  upward  limit  of  the  ore  de- 
posit. The  workings  do  not  cover  all  the 
area  here  indicated,  but  are  very  irregularly 
distributed  within  it.  Mining  experts  will 
readily  understand  from  this, "but  also  from 
the  fact  that  ore  bodies  seem  to  obey  no  spe- 
cial law  of  distribution,  but  are  a  puzzle  to 
geologists,  the  difliculty  offered  in  the  work- 
ing of  this  mine.  In  its  famous  rival,  Almaden 
of  Spain,  the  ore  bodies  are  placed  with  re- 
markable regularity,  increasing  in  richness  as 
depth  is  obtained,  and  all  included  in  a  rect- 
angular block  700  feet  long  by  350  broad,  and 
1,027  in  depth.  It  may  be  interesting  to  pur- 
sue this  comparison  a  little  further.  For  in- 
stance :  The  average  salary  paid  to  workmen 
at  the  Spanish  mine  is  sixty  cents  per  day  ;  at 
the  New  Almaden,  about  two  dollars  and  forty 
cents.  The  number  of  workers  employed  at 
the  Old  Almaden,  3,126;  at  New  Almaden, 
-k50.  The  jneld  per  ton  of  ore  at  New  Al- 
maden average  more  than  twenty  pounds  of 
quicksilver  ;  at  Old  Almaden  the  general  av- 
erage is  about  200  pounds  of  quicksilver  to 
the  ton ;  the  average  cost  of  extracting  per 
tiask  of  seventy-six  and  one-half  pounds  at 
Old  Almaden  is  $7.10;  at  New  Almaden  the 
cost  is  $26.38.  It  is  safe  to  alfirm  that  had  the 
Spanish  mine  the  same  difficulties  to  overcome 
in  working  as  are  encountered  at  New  Al- 
maden, it  would  long  since  have  shut  down, 
despite  the  Rothschilds,  it  lessees.  These  facts 
naturally  lead  one  to  inquire  something  of  the 
management  of  the  Santa  Clara  County  Al- 
maden. The  mine  came  under  the  control  of 
J.  B.  Randol  in  1870.  At  that  time  there  was 
an  interest-bearing  debt  against  the  property 
of  $1,500,000.  The  amount  of  ore  in  sight  was 
discouragingly  small,  the  extraction  very 
costly  and  the  stockholders  were  so  pushed  to 
carry  on  the  workings  of  the  mine  that  they 
were  compelled  to  raise  $200,000  by  subscrip- 
tion. The  systems  of  working  the  mine  were 
crude  and  expensive,  furnaces  and  condensers 
imperfect,  and  the  mine  developed  only  to  the 
800  foot  level,  with  one  main  shaft.  Much  of 
the  ore  was  brought  from  lower  to  higher 
levels  in  bags  made  of  ox-hide,  carried  by 
Mexicans  by  means  of  a  strap  over  the  fore- 
head— from  140  to  200  pounds  being  conveyed 
at  a  load.  In  1886,  exploration  and  exploita- 
tion had  been  made  in  mine  shafts,  six  of 
which  were  in  active  operation ;  there  is  a  net- 
work of  underground  passages  aggregating 
nearly  fifty  miles  in  length  ;  mining  work  is 
carried  on  to  a  depth  of  2,300  feet,  while  the 
machinery  is  the  most  complete  and  econom- 
ical in  the  world.  In  those  sixteen  years  318,- 
000  flasks  of  quicksilver  have  been  reduced, 
over  $5,000,000  disbursed  for  labor,  and  yet 
with  a  total  profit  to  the  owners  of  more  than 


$4,000,000.  The  funded  debt  has  been  paid, 
large  amounts  expended  in  permanent  im- 
provements and  over  $1,000,000  declared  in 
dividends.  Up  to  1887  more  than  half  the 
world's  supply  of  quicksilver  came  from  Cali- 
fornia. A  greater  portion  of  this  came  from 
New  Almaden. 

"In  those  earlier  days  the  social  condition 
of  the  workmen,  who  were  mostly  Mexicans, 
was  inferior.  The  place  was  noted  for  law- 
lessness and  was  a  rendezvous  for  Mexican 
banditti.  Little  restraint  was  exercised  over 
the  men  and  gambling,  drinking  and  other  ex- 
cesses were  common.  Large  wages  were  paid 
and  it  was  no  uncommon  occurrence  for  a 
man  to  be  killed  after  pay  day.  Then  there 
were  no  advantages  of  church  or  schools. 
A'Vater  for  drinking  and  cooking  was  carried 
on  donkeys  and  sold  by  the  pailful." 

Crime  in  the  Early  Days. 

The  historian  will  leave  Mrs.  Walter's  des- 
cription for  awhile  to  refer  to  some  of  the  law- 
less characters  who  held  forth  at  New  Al- 
maden in  the  early  days. 

In  1855  a  quartet  of  outlaws,  with  head- 
quarters at  New  Almaden,  terrorized  vSanta 
Clara  County.  The-  leader  was  one  Francisco 
Garcia,  commonly  called  "Negro"  Garcia  on 
account  of  his  Afro-Mexican  origin,  and  his 
associates  were  Indian  Juan,  Bias  Angelino 
and  Sebastiano  Flores.  In  the  fall  of  1855  In- 
dian Juan  concluded  to  turn  over  a  new  leaf. 
He  would  sever  his  connection  with  the  gang, 
go  to  Mexico  and  lead  an  honest  life.  This 
intention  was  communicated  to  Garcia  and 
a  demand  was  made  for  a  division  of  the 
spoils  acquired  in  the  band's  many  raids.  Gar- 
cia refused  to  make  the  division  and  hard 
words  following  culminating  in  Indian  Juan's 
threat  to  go  to  San  Jose  and  .give  himself  up 
to  the  officers.  Garcia,  fearing  that  Juan 
would  expose  the  lawless  operations  of  the 
quartet,  resolved  to  get  him  out  of  the  way. 
On  the  15th  of  December  Garcia  and  Bias 
Angelino  waylaid  and  killed  Juan.  Flores  had 
been  asked  to  assist  in  the  affair  and  had  re- 
fused. He  was,  however,  a  witness  to  the  kill- 
ing which  was  done  so  suddenly  that  he  was 
unable  to  prevent  it.  This  was  the  story  he 
told  when  he  appeared  before  S.  O.  Houghton, 
mayor  of  San  Jose,  and  swore  to  a  complaint 
charging  Garcia  and  Angelino  with  murder. 
Angelino  was  arrested,  tried,  convicted  and 
hanged.  Garcia  escaped  and  for  seventeen 
years  kept  out  of  the  way  of  the  officers.  In 
1872  Sheriff  John  H.  Adams,  of  Santa  Clara 
County,  learned  that  the  fugitive  was  in  Los 
Angeles.  A  telegraphic  warrant  led  to  the  ar- 
rest.    The  prisoner  was  brought  to  San  Jose 


HISTORY  OF   SANTA   CLARA  COUNTY 


to  await  trial  for  a  murder  committed  seven- 
teen   years    before.      The    historian    saw    him 
when  he  was  in  jail.     He  was  then  over  sixty 
years   of   age,    gray-haired   and    gray-bearded. 
He  refused  to  discuss  the  crime  of  1855  or  to 
express   any  opinion   on  the   action  of   Sebas- 
tiano  Flores.     At  the  trial  Flores  appeared  as 
state's  witness  and  the  late  Judge  Francis  E. 
Spencer  defended  the  prisoner.     In  1855  Bias 
Angelino   had   been   convicted   on   both   direct 
and  circumstantial  evidence.     In   1872,  on  ac- 
count of  the  lapse  of  time,  no  circumstantial 
evidence     to     supplement    the     testimony    of 
Flores    was    forthcoming.      It    was    therefore 
Flores'  word  against  the  word  of  Garcia.   This 
raised  a  doubt  and  the  jur}^  resolved  the  doubt 
in  favor  of  the  defendant  and  acquitted  him. 
But  this  was  not  the  end  of  the  matter.    A  few 
months  later  Garcia  and  Flores  met  near  the 
Mission   of   San   Jose.      There   was   a   cjuarrel 
which  resulted  in  the  killing  of  Garcia.     Flores 
surrendered  himself  to  the  officers  and  in  due 
time  was  placed  on  trial  for  murder.    The  tes- 
timony showed  that  Garcia  was  the  aggressor 
and  Flores  was  found  not  guilty. 

Francisco  (Pancho)  Soto  lived  for  some 
time  at  the  New  Almaden  mines.  The  his- 
torian saw  him  in  the  late  '70s  at  the  summit 
of  Mt.  Hamilton.  He  was  then  the  cook  for  a 
gang  of  laborers  at  work  on  the  buldings  of 
the  Lick  Observatory.  The  old  man — he  was 
over  sixty  at  the  tiine — \vith  his  tall,  robust 
figure,  patriarchal  locks,  flowing  beard,  placid 
face  and  large,  full  eyes  of  black,  gave  no  hint 
of  the  dare-devil  highwayman  of  twenty  years 
before.  His  career  was  an  exciting  one.  He 
was  born  to  the  saddle  and  in  his  vounger 
days  was  one  of  the  best  horsemen  in  the 
state.  Open-hearted,  but  reckless,  gifted  with 
a  strong  sense  of  humor,  he  lived  a  wild,  free 
life  until  circumstances  made  him  an  outlaw. 
As  a  bold  highwayman  of  the  Dick  Turpin 
tvpe  his  name  became  a  household  word  in 
Central  and  vSouthern  California.  Quick  in 
acti6n,  fertile  in  resource  and  with  friends  ga- 
lore among  the  Mexican-Spanish  population, 
he  managed  for  years  to  elude  capture.  Cjnce 
he  played  a  trick  on  pursuing  officers  that 
greatly  increased  his  reputation.  After  the 
commission  of  a  daring  robbery  the  sheriffs  of 
four  counties  started  out  to  effect  his  capture. 
One  night  two  of  the  pursuers  stopped  at  a 
Mexican  casa  in  the  Livermore  Valley.  Soto 
came  to  the  door.  He  was  asked  if  he  had 
seen  Soto.  The  reply  came  quicKiy  and  with- 
out a  change  of  countenance:  "I  expect  him 
here  tomorrow  at  daylight."  The  officers, 
who  had  never  seen  the  outlaw,  were  over- 
joyed at  this  statement  and  prepared  at  once 
to  stay  overnight  at  the  casa.  That  night, 
after  they  were  asleep   Soto  relieved  them  of 


their  weapons,  and  stampeded  their  horses. 
They  awoke  to  see  their  entertainer  in  the  act 
of  riding  away.  "I'm  Soto,"  he  shouted. 
"Buenos  noches,  senors,"  and  ofif  he  went  into 
the  night. 

It  was  in  New  Almaden  that  Soto  first 
stained  his  hands  in  the  blood  of  his  fellow 
man.  He  asserted  at  Mt.  Hamilton  that  the 
killing  was  done  in  self-defense,  but  at  the 
trial  it  was  his  word  against  strong  circum- 
stantial evidence  and  he  was  convicted  and 
given  a  life  sentence  in  San  Quentin.  The 
killing  took  place  near  the  mine.  Soto  was 
pursued  by  Deputy  Sheriff  Patterson  and  on 
the  Monterey  road"  there  was  a  running  pistol 
fight  and  Patterson  was  shot  in  the  leg  so  that 
amputation  afterward  became  necessary. 
When  Soto  saw  the  officer  fall  he  went  to  his 
assistance,  bound  up  the  wound,  then  rode  to 
the  Twentv-One  Mile  House  and  informed  the 
proprietor  that  a  man  had  been  shot  up  the 
road  and  that  there  was  urgent  need  of  assist- 
ance. Soto  was  captured  soon  afterward. 
Through  representations  made  by  Patterson, 
Avho  had  not  forgotten  the  outlaw's  kindness. 
Governor  Newton  Booth  first  commuted  the 
sentence  and  later  issued  a  full  pardon.  Leav- 
ing San  Quentin  Soto  returned  to  San  Jose 
and  engaged  in  peaceful  pursuits  up  to  the 
time  of  his  death. 

In  1885  Augustin  C.  Hall  was  murdered  in 
his  own  house  on  the  New  Almaden  road,  not 
far  from  the  Hacienda.  There  were  several 
things  surrounding  the  act  that  indicated  on 
the  part  of  the  perpetrators  the  most  diaboli- 
cal malignity.  There  were  no  signs  outside 
of  the  house  to  indicate  that  a  monstrous 
crime  had  been  perpetrated.  The  horse  of  the 
murdered  man  grazed  outside  of  the  door  and 
for  davs  the  neighbors,  not  suspecting  any- 
thing wrong,  jiassed  and  repassed  the  place. 
At  last  one  of  them  opened  the  door  and  dis- 
covered the  dead,  mutilated  body  of  Hall.  At 
the  inquest,  held  in  San  Jose,  suspicion  pointed 
to  a  resident  of  the  city,  but  the  trial,  which 
lasted  a  week,  resulted  in  his  acquittal. 

In  the  fall  of  that  same  year,  at  the  house 
of  Ignacio  Berryessa,  near  the  New  Almaden 
mine,  Santiago  F)erryessa  killed  Pedro  Ara- 
vena,  a  native  of  Chile,  under  the  following 
circumstances  :  Pedro  had  become  enamored 
of  the  daughter  of  Ignacio,  a  young  girl  of 
fourteen  years,  but  meeting  with  oppositicin 
from  the  girl's  parents  to  a  marriage,  the  pair 
went  to  Alviso  and  were  joined  in  matrimony 
bv  a  justice  of  the  peace.  In  a  short  time  the 
girl's  parents  became  reconciled  to  the  mar- 
riage and  the  married  couple  returned  to 
Berryessa's  house.  One  day  Santiago  Berry- 
essa, the  girl's  uncle,  saw  the  girl  and  her  hus- 
band sitting  in  the  house  and  without  warning 


HISTORY   OF   SANTA   CUARA   COUNTY 


89 


and  with  the  utmost  deliberation  shot  Aravena 
to  death.  The  shot  was  fired  through  a  win- 
dow. The  murdered  escaped  and  was  never 
apprehended. 

On  Sunday,  June  29,  1856,  the  brother  of 
the  overseer  of  Mexican  miners  at  New  Al- 
maden  was  killed  by  an  Indian.  The  Indian 
was  quarreling  with  an  Irishman  when  the 
Mexican  said  to  him :  "Why  do  you  abuse 
that  man?  He  doesn't  understand  a  word  you 
say."  AVhereupon  the  Indiaii  angrily  an- 
swered, "Do  you  take  it  up?"  and  instantly 
plunged  a  knife  into  the  body  of  the  Mexican. 
The  murderer  was  caught  and  hanged. 

In  Nc^vember.-  1856,  Francisco  Berryessa 
was  mortally  stabbed  at  his  home  near  the 
New  Almaden  mines  bv  Calista  Lanra,  a 
Chileno.  He  died  the  next  morning.  Calista 
was  on  friendly  terms  with  the  Berryessa  fam- 
ily and  came  to  the  house  on  the  evening  of 
the  stabbing.  After  partaking  of  some  cakes, 
Calista  started  as  if  he  intended  leaving  the 
house,  but  in  fact,  he  concealed  himself  under 
the  bed  occupied  by  Francisco  Berrj-essa  and 
wife.  There  were  several  women  in  the  house, 
one  of  whom  knew  of  Calista's  concealment. 
Berryessa's  wife  also  discovered  him  and  an- 
nounced the  fact  to  her  husband.  Berr^'essa 
ordered  the  Chileno  to  come  out,  and  the  or- 
der not  being  obeyed,  Berryessa  caught  him 
by  the  hair  of  the  head  and  pulled  him  out. 
On  arising  to  his  feet  Calista  drew  a  knife  and 
stabbed  Berryessa.     The  slayer  escaped. 

Samuel  Phillips  and  his  partner,  a  Mr.  Nes- 
bitt.  attempted  to  open  a  banking  house  at 
the  Enrequita  mines,  near  Xew  Almaden,  on 
the  e^'ening  of  Saturda}',  August  ,1,  1861,  ^vhen 
a  general  row  took  place,  knives  and  pistols  be- 
ing freely  used.  A  Spaniard  was  shot  in  the 
neck  and  killed  instantly,  and  one  or  two  oth- 
ers were  seriously  injured. 

On  the  night  of  June  4,  1864,  Joseph  Pelle- 
grini, a  butcher  doing  business  near  New  Al- 
maden, was  murdered  in  his  room  as  he  was  in 
the  act  of  retiring  for  the  night.  A  butcher 
knife  was  used  and  he  was  stabbed  to  the 
heart.  The  house  door  was  forced  by  break- 
ing a  lock  and  there  was  every  evidence  in  the 
room  of  a  terrific  struggle.  Pellegrini  was  a 
quiet,  inofifensiA'e  man  and  the  supposition 
was  that  he  was  killed  for  his  money.  The 
murderer   was   never   found. 

On  the  morning  of  June  5,  1864,  a  Mexican 
named  Julian  Almanea,  who  had  lost  an  arm 
and  who  was  the  owner  of  a  "dead  fall"  at 
Enrequita,  had  some  words  with  Juan  Jose 
Rodriguez.  Pistols  were  drawn  and  Rod- 
riguez was  killed.  Almanea  fled  but  was  ar- 
rested in  Los  Angeles  in  1867. 


In  the  early  '80s  Joe  Ramirez  killed  a  man 
at  the  New  Almaden  mines.  He  was  tried  in 
San  Jose,  convicted  and  hanged. 

Mrs.  Walter's  description  of  the  mines  ends 
as  follows : 

"Now  the  visitor  leaves  the  railway  station 
two  miles  from  the  Hacienda,  where  are  lo- 
cated the  reduction  works  of  the  mine.  Al- 
most the  first  thing  to  greet  the  eye  is  a  pretty 
school  house  with  its  groups  of  neat,  tidy 
children.  Two  teachers  are  employed  and 
four  at  the  school  on  the  hill,  three  miles  fur- 
ther on,  for  ten  months  in  the  j'ear,  the  school 
being  in  the  regular  count}'  school  system. 
Along  the  single  street  for  half  a  mile  are 
clean,  pretty  cottages,  the  hoines  of  the  Ha- 
•  cienda  workmen,  each  cottage  literally  em- 
bowered in  choice  roses  and  other  flowers. 
These  houses  are  owned  mostly  by  the  com- 
l)any,  who  lease  them  to  the  ^vnrkmen  at  from 
two  dollars  to  five  dollars  per  month.  Cut- 
tings are  supplied  free  from  the  beautiful 
grounds  of  the  manager,  where  are  grown 
more  varieties  of  roses  than  in  any  other  place, 
perhaps,  in  the  county.  Along  the  street  in 
front  of  the  houses  a  stream  of  purest  water  is 
conducted  in  a  channel  for  domestic  purposes. 
The  street  is  bordered  with  shade  trees  and  a 
neat  brick  wall  extends  its  entire  length. 
Everywhere  are  seen  signs  of  thrift  and  pros- 
perity ;  the  people  look  well  kept  and  con- 
tented, while  an  all-pervading  spirit  of  order 
and  system  extends  to  the  remotest  ramifica- 
tions of  this  important  industry. 

"Three  miles  up  a  steep  but  well-graded 
road  brings  one  to  the  mine  proper,  where  are 
the  great  shafts  with  their  huge  engines,  in 
fine  of  which,  the  engine  of  the  Buena  Vista 
shaft,  is  a  piece  of  iron  weighing  twelve  tons. 
The  miners  are  principally  Mexican  and  Cor- 
nish. Two  pretty  church  edifices,  a  Methodist 
and  a  Catholic,  located  at  the  Hill  settlement, 
were  liuilt  almost  entirely  from  contributions 
by  the  company  and  manager.  A  social  or- 
ganization, called  the  'Helping  Hand,'  for 
^\'hich  the  company  erected  and  fitted  up  a 
club  building,  for  the  benefit  of  the  workmen, 
has  a  fine  library  of  nearly  500  volumes,  be- 
sides a  list  of  magazines  and  daily  and  weekly 
newspapers  of  the  best  published.  There  are 
held  frecjuent  entertainments,  given  by  the 
members,  and  the  society  is  a  wonderful  fac- 
tcir  in  the  jironiotion  of  social)ility,  general  in- 
formation and  mental  culture. 

"The  miners'  fund,  to  \\'hich  each  employe 
contributes  one  dollar  per  month,  pays,  among 
other  expenditures  for  the  good  of  the  miners, 
the  salarv  of  a  resident  physician,  whose  serv- 
ices are  gratuitous  to  the  contributors.  The 
value  of  this  arrangement  will  be  better  un- 
derstood when   it  is   known  that  a   great  ma- 


90 


HISTORY  OF   SANTA  CLARA   COUNTY 


jority  of  the  workmen,  are  married  men  with 
families.  The  management  encourages  this 
class,  feeling  that,  as  a  rule,  it  is  more  reliable 
and  responsible  that  that  composed  of  men 
with  no  domestic  ties.  The  population  of  the 
settlement  (1886)  is  about  1,400,  of  whom  600 
are  under  twenty  years  of  age." 

In  the  late  70s  ]\Iary  Hallock  Foote.  the 
artist  and  novelist,  author  of  those  charm- 
ingly written  and  popular  mining  camp  stories, 
was  a  resident  of  New  Almaden.  Her  husband, 
Arthur  D.  Foote,  was  the  engineer  of  the  mine. 
Mrs.  Foote,  having  much  time  to  spare  out- 
side of  her  household  duties,  made,  during 
her  residence  on  the  Hill,  many  sketches  of 
scenery  and  native  tvpes,  which  an  Eastern 
magazine  was  glad  to  publish.  Her  work  in  ■ 
this  line  might  not  have  pr(.)ceeded  much  fur- 
ther if  her  husband  had  succeeded  in  securing 
the  Democratic  nomination  for  surveyor  of 
Santa  Clara  County.  That  was  a  Democratic 
year  and  nomination  was  equivalent  to  elec- 
tion. The  convention  was  held  in  Music  Hall, 
First  Street,  San  Jose,  and  Mr.  Foote,  resolv- 
ing to  take  a  shy  at  politics  in  the  hope  that 
success  might  enable  him  to  settle  down, 
instead  of  having  to  move  from  one  place  to 
another  in  pursuit  of  his  vocation  as  a  mining- 
engineer,  announced  himself  as  a  candidate  for 
the  nomination.  There  was  one  other  candi- 
date, John  Coombe,  Avho  \vas  later  killed  bv 
mistake  in  an  altercation  in  a  First  Street 
saloon.  Coombe  was  ^vell  known  throughout 
the  count V.  He  was  a  good  mi.xer  and  had 
politics  at  his  lingers'  ends,  wdiile  Foote,  on 
the  other  haml,  was  hardh'  known  outside  of 
New  Almaden,  though  he  was  a  man  of  con- 
spicuous aliilitv  and  unblemished  reputation. 
Almost  a  stranger  to  the  majority  of  the  dele- 
gates and  knowing  little  of  the  tricks  of  the 
political  trade,  his  defeat  by  the  Ijallot  Avas 
not  surprising.  And  yet  the  contest  was  close, 
for  the  fine  impression  created  by  his  speech 
before  the  con\-enti(in,  together  with  his  hand- 
some, manly  appearance,  brought  him  many 
votes  "which  were  not  his  when  the  delegates 
were  called  tugetlier.  The  action  of  the  con- 
\-ention  settled  tlie  place  of  residence.  When 
h'oote's  Contract  at  New  .Vlmaden  was  up  he 
went  into  the  mining  regions  of  the  l\(jck\' 
Mountains.  Mining  camps  became  the  homes 
of  Foote  and  his  talented  wife,  anil  in  those 
Western  scenes  Mrs.  h'oote  had  abundant  op- 
[)ortunity  for  the  culti\-ati(in  of  her  literary 
and  artistic  gifts.  Ah  her  stories — and  she 
has  \vritten  man}- — l)reathe  the  free,  romantic 
western  atmosphere,  and  all  show  a  thon-nigh 
acquaintance  with  western  scenes  and  the 
habits,  customs  and  mental  attitude  of  the 
inhabitants. 


At  the  present  time  (1922)  the  stockholders 
of  the  company  have  taken  charge  of  the  af- 
fairs of  the  mines.  The  shafts  on  the  hill  have 
not  been  worked  for  some  time,  but  all  the 
employes,  over  fifty  in  number,  are  working 
in  a  new  mine.  The  Senator,  situated  about, 
half-way  between  Almaden-on-the-Hill  and 
Guadalupe.  The  prospects  are  most  encourag- 
ing. The  superintendent  is  Edmond  Tussen, 
whose  home  is  in  Berkeley. 

The  Guadalupe  quicksilver  mine  is  situated 
two  miles  north  of  Almaden  on  the  eastern 
slope  of  the  mountains,  the  fissures  or  canyons 
being  near  the  juncture  of  the  metamorphic 
rock  and  oil-bearing  formation.  The  Guada- 
lupe Creek  comes  out  of  the  Coast  Range 
near  this  point,  dividing  the  surface  of  the 
deposit  into  two  parts,  though  the  ore  was 
found  in  a  continuous  body  below  the  creek. 
Here  are  the  white  cottages  of  the  workmen, 
a  pretty  residence  for  the  superintendent  and 
e-xtensive  reduction  works.  Owing  to  the  low 
price  of  quicksilver,  w^ork  was  practically  sus- 
pended fc}r  several  years,  but  now,  with  the 
discovery  of  ore  in  a  ridge  never  before  worked 
and  with  prices  lietter  than  usual,  there  is 
e\-erv  prospect  of  successful   operation. 

The  Enrequita  mine,  two  miles  to  the  south- 
-west  of  New  Almaden,  is  the  property  of  the 
Almaden  Company.  It  has  been  a  small  pro- 
ducer. South  of  the  San  Jose  Cemetery  is 
the  Old  Chapman  mine.  It  was  never  a  pay- 
ing proposition  and  many  j'ears  ago  work  was 
stopped,   ncA'er  to  he  resumed. 

Mineral    Springs    of   the    County 

The  mineral  springs  f)f  Santa  Clara  County 
are  noteworthy  and  valuable.  One  mile  above 
Saratoga  and  northwest  from  it.  on  Campbell 
Creek,  are  situated  the  Pacific  Congress 
Springs,  S(-i  called  I)ecause  i;)f  their  resemblance 
to  the  waters  of  the  famous  Congress  Springs 
of  Saratoga,  N.  Y.  This  is  one  of  California's 
most  ]iicturesc|ue  and  popular  watering  places 
and  has  always  Ijeen  in  great  favor  as  a  winter 
resort.  It  is  open  the  year  round.  There  are 
at  this  place  se\eral  springs.  They  are  but  a 
foot  or  two  deep,  being  excavated  from  the 
sandstone,  the  lo\\-er  one  receiN-ing  the  drain- 
age of  the  others.  It  sends  off  a  strean-i  aljout 
twrj  inches  in  size.  The  \\-aters  from  these 
s])rings  are  so  nearl)-  alike  that  the  difference 
can  hardly  Ijc  determined  In-  tlie  taste.  Bv 
anal}-sis  it  is  sho\\'n  to  contain  ,i35.857  grains 
r)f  Solid  matter  to  the  gallon,  C(-)mposed  as  fol- 
lows: Chloride  of  sodium,  11Q.15'-*;  sulphate 
of  Soda,  12.140:  carbonate  of  soda,  123. , 351  ; 
carbonate  of  iron,  14.0,30:  carbonate  of  lime, 
17.20,S;  and  silica  alumina  with  a  trace  of  mag- 
nesia, 49.882.  It  is  considered  a  healthful  and 
refreshing  beverage  and  has  gained  much  fa- 


HISTORY  OF   SANTA  CLARA  COUNTY 


91 


vor  with  the  pubhc.  The  place  is  connected 
with  Saratoi^a,  Los  Gatos  and  San  Jose  by 
the  Peninsular  Railroad. 

The  now  well-known  Madrone  Mineral 
Springs  are  situated  in  P.urnett  Township, 
about  twenty-five  miles  southeast  of  San  Jose, 
in  the  Coast  Range,  at  an  altitude  of  2,000 
feet.  The  location  is  in  a  sheltered  and  pic- 
turesque canyon  at  the  foot  of  Pine  Ridge. 
The  place  is  free  from  fogs,  the  atmosphere  is 
pure  and  invigorating,  and  the  temperature  is 
mild  and  pleasant.  The  mountains  are  clothed 
with  such  trees  as  pine,  oak,  maple,  laurel  and 
madrone.  while  medicinal  plants  are  found  in 
profusion.  The  early  traditions  of  the  Ma- 
drone Springs  state  that  they  were  known  to 
the  Indians  and  there  is  little  doubt  that  they 
were  the  "medicine  waters"  of  one  of  their 
tribes,  for  many  relics  in  the  shape  of  mor- 
tars, hatchets,  arrowheads  and  the  like  have 
been,  and  are  still  being,  turned  up  in  all  direc- 
tions. The  springs  are  situated  six  miles 
north  of  the  Gilroy  Hot  Springs,  connecting 
with  which  there  is  a  bridle  path.  There  is 
a  fine  road  to  Madrone  Station  on  the  Southern 
Pacific  Railway.  The  Springs  contain  one 
of  natural  soda  water,  the  principal  elements 
of  which  are  soda,  iron  and  magnesia.  This 
has  proved  of  great  medicinal  virtue  in  dys- 
pepsia, liver  complaints,  kidney  diseases  and 
neuralgic  affections.  Another  is  strongly  im- 
pregnated with  iron  and  arsenic,  which  for 
debility,  skin  diseases,  asthma  and  other  kin- 
dred aft'ections  has  proved  an  excellent  cura- 
tive. There  is  a  white  sulphur  spring,  which 
is  also  utilized,  while  guests  may  be  supplied 
with  hot  and  cold  baths  of  natural  soft  water. 
The  improvements  made  are  extensiA-e  and 
up-to-date. 

About  twelve  miles  from  Gilroy,  in  a  small, 
rocky  ravine  in  the  Coyote  Canyon  near  the 
headwaters  of  that  creek,  where  the  moun- 
tains, timlier  clad  to  their  summits,  rise  several 
hundred  feet  on  both  sides  of  that  stream, 
Francisco  Cantua,  a  Mexican  sheepherder, 
wdiile  hunting  for  some  of  his  stray  flock,  dis- 
covered, in  1865,  wdrat  are  now  these  famous 
springs.  Pie  lost  no  time  in  filing  a  squatter's 
claim  to  the  place,  and  for  some  years  used  it 
as  a  camping  ground  for  himself  and  friends. 
It  is  not  probable  that  the  Indians  were  aware 
of  the  existence  of  the  springs,  for  no  remains 
have  been  found.  Besides,  the  hills  were  m 
early  days  much  infested  by  wild  beasts,  a 
fact' that  may  account  for  their  lack  of  knowl- 
edge on  the  subject.  Cantua  sold  his  interest 
to  George  Roop,  who  at  once  commenced  the 
grading  of  a  road  to  the  springs,  the  erection 
of  houses  and  the  general  clearing  and  adorn- 
ment of  the  locality.  In  addition  to  a  large, 
commodious   hotel,   there,  are   fifteen  cottages 


for  families,  garage,  dancing  pavilion,  swim- 
ming tank,  sixteen  bathrooms,  and  other  con- 
veniences of  a  first-class  health  resort;  one 
hundred  and  fifty  guests  can  be  acccjmmodated. 
The  hiDt  spring  possesses  remarkable  medicinal 
qualities.  It  has  a  nearly  uniform  temperature 
of  118  degrees  and  contains  in  solution  sul- 
phur, iron,  soda,  magnesia,  baryta,  arsenic  (in 
small  quantities)  and  alum  in  small  quantities. 
It  is  pungent  but  by  no  means  unpleasant  to 
the  taste.  Within  fifteen  feet  of  the  hot  springs 
there  are  a  dozen  or  more  large  springs  of 
pure,  cold  water,  while  nearly  three-fourths 
of  a  mile  away  from  the  hotel  there  is  a  ro- 
mantically situated  garden,  where  everything 
from  an  orange  to  a  turnip  will  flourish.  The 
place  is  supplied  with  telegraph  and  telephone 
communication,  and  in  1873  a  postoffice  was 
there  established.  The  site  of  the  Gilroy  Hot 
Springs  is  1,240  feet  above  the  sea  level,  in 
the  very  heart  of  the  mountains,  amidst  groves 
of  pine  and  oak,  in  which  game  abound,  while 
near  by  the  Coyote  affords  a  harvest  of  trout 
to  the  angler.  No  more  charming  resort  for 
the  pleasure-seeker  or  the  invalid  is  to  be  found 
on  the  Pacific  Coast.  W.  J-  McDonald  is  the 
manager. 

There  are  other  mineral  springs  in  the 
county,  not  the  least  important  of  which  are 
the  springs  in  Alum  Rock  Canyon  on  the  City 
Reservation,  detailed  reference  to  which  will 
be  given  in  another  chapter  devoted  to  a  de- 
scription of  San  Jose's  pleasure  resorts. 

The  Oil  Development 

There  is  oil  in  Santa  Clara  County.  Several 
spots  have  been  developed  to  some  extent ; 
others  have  not.  Near  Sargent,  at  the  south- 
ern end  of  the  count}',  wells  have  been  bored 
and  oil  extracted.  In  Moody's  Gulch,  a  branch 
of  the  Los  Gatos  Canyon,  several  wells  have 
been  bored  and  for  many  3'ears  oil,  with  a 
paraffin  base,  has  been  extracted,  most  of  the 
time  in  paying  quantities.  For  the  first  ten 
years  the  output  was  over  80,000  gallons. 
The  work  was  started  by  R.  C.  McPherson  in 
1873.  The  only  fuel  used  was  natural  gas. 
Of  late  years  the  work  has  been  intermittent, 
lack  of  funds  often  preventing  development. 
The  property  is  now  (1922)  owned  by  the 
Trigonia  Oil  Company,  and  extensi\'e  devel- 
opments are  now  in  progress. 

North  of  Los  Gatos  oil  has  been  found, 
though  there  have  not  been  any  operations  for 
several  years.  Indications  of  oil  have  also 
been  found  in  Alum  Rock  Canyon  and  in  other 
portions  of  the  county.  Some  day,  perhaps, 
when  the  country's  supply  of  oil  shows  signs 
of  giving  out,  other  and  more  determined  at- 
tempts to  develop  Santa  Clara  County's  oil 
resources  will  be  made. 


CHAPTER  VI. 


Society  Events  in  the  Fifties,  Sixties  and  Seventies — Reminiscences  of 
Pioneer  Women — Mrs.  Carroll's  Interesting  Record — Charles  G.  Ames 
and  Judge  William  T.  Wallace — Presidential  Visits. 


For  much  of  the  material  relating  to  society 
affairs  in  the  early  days  of  San  Jose,  the  his- 
torian is  indebted  to  that  entertaining,  gossip}^ 
book  written  in  1903  by  Mrs.  Mary  A.  Carroll, 
since  deceased.  Mrs.  Carroll  was  for  many 
years  the  society  editor  of  the  "Mercury,"  and 
her  opportunities  for  gathering  old-time  social 
news  were  unusually  good. 

"Society  as  found  in  San  Jose  before  the 
days  of  '49  is  graphically  described  by  Mrs. 
Frances  A.  Sunol-Angus  : 

"  'A  great  deal  of  it,  some  of  it  true,  most 
of  it  colored  with  the  light  of  other  days,  has 
been  said  and  written  of  the  stirring  days  of 
1849,  but  no  one  has  yet  lifted  the  veil  that 
dropped  when  the  adventurer  and  the  pros- 
pector, following  the  golden  light,  founded  on 
the  Pacific  sliores  the  realization  of  the  visions 
conjured  up  by  the  magic  name  El  Dorado — 
the  veil  that  separates  old  California  from  the 
new,  as  invisible,  yet  as  real,  as  any  existing 
state  line. 

"  'For  the  gold  excitement,  bringing  in  new 
energy  and  activity,  brought  also  new  disturb- 
ing elements,  and  where  there  had  existed  a 
boundless  hosf)italit_v,  with  the  incoming  of 
the  stranger  the  social  limits  contracted  and 
formality  and  ceremony  began  to  be  observed. 

"  'I  speak  of  the  early  forties;  my  own  fath- 
er's boyhood  days,  and  my  grandfather,  Don 
Antonio  Sunol,  and  his  family  are  a  fair  pic- 
ture of  the  chivalrous  host  and  the  warm- 
hearted hospitality  of  the  times.  The  guest 
chamber was  seldom  untenanted,  and  seven  or 
eight  guests  were  welcomed  and  entertained 
for  two  or  three  successive  weeks,  English, 
Russian  and  American  trading  vessels  made 
periodic  visits  to  San  Francisco  and  the  mer- 
chandise was  brought  to  San  Jose  on  pack 
horses.  When  time  permitted,  the  supercargo, 
captain  and  some  of  his  officers,  would  accom- 
pany the  caravan,  and  for  weeks  were  royally 
entertained, 

"  'There  being  from  fifty  to  one  hundred 
Indian  ser\-ants  in  the  household,  each  guest 
was  provided  with  his  special  one,  who  waited 
upon  his  every  want  during  the  entire  visit. 
Horses,  the  very  best  in  the  stables,  saddles, 
silver  mounted  or  plated,  and  a  guide  were 
always  at  his  command  and  a  servant  always 
on  hand  to  clasp  and  unclasp  each  gentleman's 


spurs,  while  another  led  his  horse  away.  The 
host  and  his  family  devoted  themselves  to  the 
entertainment  of  the  guests  and  a  series  of 
festivities  was  gotten  up  in  their  honor.  The 
homes  of  Don  Salvis  Pacheco,  Don  Dolores 
Pacheco,  Don  Jose  Noriega,  and  Don  Antonio 
Sunol  were  the  scenes  of  man}'  of  these  fes- 
tivities, 

"  'Can  you  guess  how  their  invitations  to  a 
ball  were  sent  out?  Some  gay  cavalier,  who 
possessed  a  melodious  voice  and  could  thrum 
the  light  guitar,  attired  in  a  gay  holiday  cos- 
tume, with  clinking  silver  spurs  and  mounted 
upon  a  spirited  horse,  pranced  and  curvetted 
through  the  plaza  singing  some  ditty,  and 
when  he  had  arrested  the  attention  of  passers- 
by  addressed  them  in  friendly,  courteous  lan- 
guage, extending  the  invitation  to  all  present, 
rich  and  poor,  not  low  and  high,  for  each  man 
was  as  good  as  his  neighbor,  and  wealth  did 
not  place  a  man  upon  a  pedestal  of  honor. 
When  ]deasantries  had  been  exchanged  be- 
tween the  messenger  and  the  crowd,  he  passed 
on  and  stopping  at  the  door  of  each  house,  re- 
peated his  invitation,  thus  honoring  all  with  a 
da)'light  serenade. 

"  'Young  ladies  attended  balls  and  parties 
accompanied  by  their  mothers,  or,  in  the  ab- 
sence of  these,  by  some  elderly  female  relative. 
The  chaperon  was  known  as  the  "duenna." 
Young  men  and  maidens  carried  on  their  court- 
ship at  these  balls  right  under  the  unseeing 
eyes  of  the  watchful  (?)  duenna.  When  this 
secret  love-making  had  reached  a  successful 
issue  between  the  pair,  the  youth  acquainted 
his  father  with  his  hopes  and  aspirations,  and 
he  in  turn  sought  the  maiden's  father.  His 
consent  gained,  the  bride's  trousseau  was  nn- 
mediately  prepared,  the  weddhrg  was  an- 
nounced and  in  a  few  weeks  the  marriage  bells 
were  ringing.  The  festivities  lasted  a  week  or 
more,  and,  as  at  other  times,  everybody  was 
welcomed  and  feasted.  The  bride's  dower  con- 
sisted of  household  furnishings,  cattle  and 
horses — quality  in  accordance  with  her  father's 
means, 

"  'There  were  no  formal  receptions,  no  cere- 
monious calls.  Ladies  went  out  from  their 
homes  in  simple  household  attire  and  spent  a 
few  hours  in  friendly  conversation  with  a 
neighbor.    When  visits  were  made  in  the  even- 


HISTORY  OF  SANTA  CLARA   COUNTY 


93 


ing  a  number  of  friends  called  together  and 
the  time  was  given  up  to  music,  dancing,  fun 
and  laughter.  The  younger  members  never 
felt  any  restraint  in  presence  of  their  elders, 
although  they  treated  them  with  the  most 
scrupulous  deference  and  respect.  Boys  al- 
ways stood  with  heads  uncovered  while  speak- 
ing to  old  or  middle-agd  people,  even  on  the 
street.  There  was  one  generous  custom  dear 
to  the  heart  of  the  California  boy,  and  that 
was  the  godfather's  gift  at  the  christening — • 
gold  and  silver  coins  thrown  out  by  the  hand- 
ful and  scrambled  for  by  the  small  boy. 

"  'The  modes  of  salutation  during  the  Golden 
Age  were  the  hearty  handshake,  when  the 
meeting  between  friends  took  place  upon  the 
street,  un  abrazo  (an  embrace)  when  within 
the  sacred  precincts  of  home.  As  I  have  shown 
you,  simplicity  was  the  rule  ;  forms  and  cere- 
monies were  unknown.  There  was  no  vieing 
with  one  and  another  as  to  who  should  stand 
upon  the  highest  round  of  the  social  ladder, 
but  each  one  extended  his  hand  to  help  an- 
other climb  to  where  he  stood,  so  that  over 
all  there  reigned  a  spirit  of  peace  and  good 
will.  Would  that  we  might  stop  for  a  moment 
in  our  feverish  rush  for  recognition  and  posi- 
tion and  breathe  in  the  spirit  of  the  olden 
time.'  " 

The  late  Joseph  H.  Scull,  who  came  here 
at  an  early  date  and  who  carefully  watched 
the  changes  that  have  taken  place  during  the 
past  fifty  years,  wrote  to  Mrs.  Carroll  as 
follows  : 

"I  regret  to  say  that  I  will  have  to  dis- 
appoint you  in  giving  the  desired  information 
in  regard  to  social  gatherings  here  during  the 
early  '50s.  I  did  not,  for  a  moment,  think  that 
such  reminiscences  would  be  of  any  value  or 
interest  after  the  lapse  of  years,  and  therefore 
did  not  charge   my  memory  with  them. 

"Nevertheless,  assuming  that  I  have  your 
permission  to  do  so,  I  will  jot  down  some 
remarks  as  I  go  along  on  the  subject  in  hand. 
There  were  very  few  American  women  here 
in  those  early  days,  and  they  were  mostly 
married,  so  far  as  I  remember;  and  American 
girls,  grown  to  womanhood,  were  like  'angels' 
visits,  few  and  far  between,'  and  hence  social 
gatherings  were  scarce,  balls  being  the  chief 
amusement  in  vogue,  consisting  of  quadrilles, 
contra  dances,  waltzes  and  Virginia  reels,  and 
for  variety's  sake  occasionally  an  Irish  break- 
down, when  some  Celtic  fellow-citizens  were 
present.  Later  on  the  schottische,  the  polka 
and  the  mazurka  were  introduced.  The  Cah- 
fornia  girls,  as  a  matter  of  course,  were  largely 
in  the  majority,  but  unaccustomed  to  social 
gatherings,  their  only  amusement  being  fan- 
dangoes, as  the  California  balls  were  then 
called.    The  dances  were  the  contra  dance,  the 


waltz  and  one  or  two  kinds  of  jigs;  and  the 
music,  a  guitar,  and  sometimes  two,  until  the 
arrival  of  a  Mexican  who  could  scratch  on  the 
fiddle  enough  provincial  music  to  dance  by. 
The  fandangoes  continued  to  flourish  long  after 
immigration  began  to  pour  in." 

"xAs  the  time  passed  on,  in  the  early  '50s 
here,  the  California  girls  began  to  adopt  Amer- 
ican methods,  especially  in  balls,  and  soon  be- 
came adepts  in  the  steps  and  movements  of 
the  new  dances  mentioned,  and  were  exceed- 
ing graceful.  It  is  needless  to  say  that  los 
Gringos  were  not  slow  in  availing  themselves 
of  that  terpsichorean  circumstance  ;  and  to  in- 
duce the  girls  to  go  to  a  ball  they  notified 
them  beforehand  that  carriages  or  hacks  would 
be  sent  for  them.  So,  during  the  earliest  pe- 
riod, no  black-eyed  senorita  ever  went  to  or 
from  an  American  ball  on  foot,  but  when  wo- 
men began  to  be  plentiful  the  cavalier  car- 
riages became  obsolete. 

"It  is  worthy  of  remark  that  at  an  American 
ball  at  that  time  harmony,  good  will  and  the 
utmost  decorum  prevailed.  Everybody  stood 
on  a  perfect  equality  while  in  the  ballroom, 
and  to  my  certain  knowledge  there  were  no 
invidious  distinctions,  either  expressed  or  im- 
plied. An  American  ball  always  had  the  ap- 
petizing adjunct  of  a  bountiful  supper.  The 
music  that  set  "the  light  fantastic  toe"  a-going 
consisted  of  a  fiddle — a  fiddle,  mark  you,  not  a 
violin — and  later  on  with  a  flute  accompani- 
ment. San  Jose  had  not  yet  risen  to  the  dig- 
nity of  possessing  a  regular  orchestra,  but 
withal  an  American  terpsichorean  function  was 
a  pleasurable  afliair  to  attend. 

"This  decade  was  perhaps  the  most  impor- 
tant in  the  social  history  of  San  Jose,  for  about 
this  time  families — men  and  women  of  sterling 
worth  and  possessing  all  the  accomplishments 
necessary  to  the  formation  of  a  solid  founda- 
tion on  which  to  build  society — settled  in  this 
valley. 

"Before  this  time,  however,  Mr.  and  Mrs. 
James  F.  Reed,  parents  of  Mrs.  John  Murphy 
and  Mrs.  Mattie  Lewis,  had  arrived  here.  The 
Reed  home  was  always  the  scene  of  social 
gatherings,  and  at  one  of  their  large  dinner 
parties  it  is  said  that  Mrs.  Reed  paid  sixteen 
dollars  apiece  for  turkeys,  and  bought  all  that 
were  to  be  had. 

"During  the  meeting  of  the  first  Legislature 
'every  house  was  an  inn  where  all  were  wel- 
comed and  feasted,'  and  all  through  the  ses- 
sion not  an  evening  passed  without  a  large 
party  at  some  home.  Of  course,  the  big  ball 
at  the  close  was  the  event  in  San  Jose's  his- 
tory. No  wonder  many  belles  and  beaux  of 
that  time  still  preserve  with  care  and  look 
with  pleasure  at  the  white  satin  invitation 
which  reads  : 


94 


HISTORY  OF  SANTA  CLARA  COUNTY 


"  'Washington  Birth-Night  Ball — Your  com- 
pany is  respectfully  solicited  at  a  Ball,  to  be 
given  at  the  Capitol,  on  the  evening  of  the 
22d  instant,  at  /J^i^  o'clock  p.  m.,  being  the 
118th  Anniversary  of  the  Father  of  Our  Coun- 
try,' and  which  was  signed  by  the  following 
committee :  Hon.  John  McDougal,  Mr.  Bass- 
ham,  Mr.  Bidwell,  Mr.  Broderick,  Mr.  Cham- 
herlin,  Mr.  Crosby,  Mr.  De  la  Guerra,  Mr. 
Douglass,  Mr.  Green,  Mr.  Hope,  Mr.  Lippin- 
cott,  Mr.  Heydenfeldt,  Mr.  Robinson,  Mr.  Val- 
lejo,  Mr.  Vermeule,  Mr.  Woodworth,  Mr.  Aram, 
Mr.  Baldwin,  Mr.  Bigler,  Mr.  Brackett,  Mr. 
Bradford,  Mr.  Brown,  Mr.  Cardwell,  Mr. 
Corey,  Mr.  Corvarubias,  Mr.  Craner,  Mr.  Crit- 
tenden, Mr.  Clarke,  Mr.  Williams,  Hon.  Mr. 
Gray,  Hon.  Mr.  Heath,  Hon.  Mr.  Hughes,  Mr. 
McKinstry,  Mr.  Morehead,  Mr.  Tingley,  Mr. 
Tefft,  Mr.  Stowel,  Mr.  Stephens,  Mr.  Stewart, 
Mr.  Scott,  Mr.  Perlee,  Mr.  Moore,  Mr.  Patter- 
son, Mr.  Randolph,  Mr.  Ogier,  Mr.  Walthall, 
Mr.  Watson,  Mr.  Witherby,  Mr.  Roman,  Mr. 
Henley,  Mr.  Houston,  G.  F.  Wymans,  Ben 
Van  Scoten.  Van  Voorhies,  Nat.  Bennett,  H. 
A.  Lyons,  F.  B.  Clement,  Chas.  White,  Col. 
Jack  Hays,  Major  Ben  McCulloch,  Major  Mike 
Chevallie,  Major  James  Graham,  Gen.  Don  An- 
dreas Pico,  Antonio  M.  Pico,  Antonio  Sunol, 
John  M.  Murphy,  John  Reed.'W.  H.  Eddy,  ]. 
b.  Hoppe,  T.  F.  Howe,  Capt.  W.  G.  Marcy,  E. 
Covington,  W.  B.  Olds,  A.  AV.  Luckett,  Bela 
Dexter,  Peter  Davidson,  T-  M.  Jones,  A.  Coin- 
dreau,  H.  H.  Robinson,  W.  R.  Turner,  E.  H. 
Sharp,  E.  Byrne,  Caius  Ryland,  E.  Dickey,  A. 
D.  Ohr,  Fred  H.  Sand'ford,  F.  Lightston. 
Among  the  beauties  and  belles  on  that  mem- 
orable night  were  Mrs.  John  Murphy,  Miss 
Rea  Burnett,  now  Mrs.  Wallace:  Miss  Letitia 
Burnett,  now  Mrs.  Ryland ;  Miss  Maggie 
Jones,  now  Mrs.  Josiah  Belden;  Miss  Laura 
Jones,  who  is  Mrs.  Hunt  of  Visalia ;  Miss 
Juanita  vSoto,  and  Miss  Marcelline  Pico. 

"Among  the  beaux  at  this  time  was  Norman 
Bestor,  a  civil  engineer,  who  made  his  home, 
while  here,  with  James  F.  Reed.  He  played 
on  the  guitar  and  flute,  was  a  fine  singer,  and 
an  all-around  favorite.  Mr.  Bestor,  in  a  letter, 
regrets  being  unable  to  give  a  satisfactory  ac- 
count of  the  early  social  functions.  He  writes: 
'During  the  first  Legislature  I  was  in  San 
Jose;  and  it  was  then  that  I  surveyed  the  500- 
acre  tract  adjacent  to  the  town,  belonging  to 
Mr.  Reed,  and  laid  off  as  an  addition.  Mr. 
Reed  named  the  streets  himself.  From  1850 
to  1856  I  was  engaged  at  the  New  Almaden 
quicksilver  mines  and  lived  there.  During  that 
time  I  frequently  drove  to  San  Jose  to  attend 
parties.  Some  of  the  society  men  of  the  '50s 
were  Ralph  Lowe,  S.  O.  Houghton,  Drury 
Malone,    J.    H.    Flickinger,    Joseph    H.    Scull, 


Henry  B.  Alvora,  Aleck  Moore,  D.  McDonald 
and  Keat  Bascom.' 

"In  these  early  days  many  houses  were 
brought  around  the  Horn  and  set  up  on  ar- 
rival. One  of  these  is  that  of  Judge  A.  L. 
Rhodes,  on  the  Alameda,  and  under  this  hos- 
pitable roof  friends  have  delighted  to  gather 
since  the  days  of  1855.  In  1854  Mr.  and  Mrs. 
Rhodes  came  across  the  plains  with  a  train  of 
fifteen,  with  Mr.  Rhodes  as  captain.  Mrs. 
Rhodes  told  me  that  one  evening  during  the 
journey  a  man  called  and  asked  if  his  train  of 
ten  men  could  join  forces  with  them.  The 
man  was  Jefferson  Trimble,  brother  of  the  late 
John  Trimble.  At  Humboldt  River  they  were 
met  by  John  Trimble,  who  guided  them  to  this 
valley,  where  he  had  already  settled.  Miss 
Ware,  afterwards  Mrs.  John  Selby,  came  with 
them. 

"When  Mr.  and  Mrs.  Rhodes  moved  to  the 
Alameda,  their  nearest  neighbors  were  Judge 
and  Mrs.  Craven  P.  Hester,  who  lived  where 
the  Clark  home  now  stands.  Charming  social 
gatherings  were  held  at  the  Hester  home,  and 
their  accomplished  daughters.  Miss  Sallie, 
afterwards  Mrs.  Maddock,  and  Miss  Lottie, 
afterwards  Mrs.  Phelps,  assisted  in  dispensing 
generous  hospitality. 

"Among  notable  families  that  came  here  in 
1853  was  that  of  Mr.  and  Mrs.  Coleman  Young- 
er, who  arrived  after  a  six  months'  trip  from 
Missouri.  Their  house  was  brought  around  the 
Horn,  and  it  is  needless  to  say  that  as  soon  as 
it  arrived,  with  true  Southern  hospitality  it 
was  thrown  open  and  a  large  party  given, 
when  among  the  guests  were  :  Drury  Malone, 
Tad  Robinson,  all  the  state  officers,  Aleck 
Moore,  Major  and  Mrs.  S.  J.  Hensley,  Mr.  and 
Mrs.  P.  H.  Burnett,  Mr.  and  Mrs.  W.  T.  Wal- 
lace. 

"In  speaking  of  social  functions,  Mrs. 
Younger  said  that  in  '54  she  remembers  spend- 
ing a  delightful  evening  at  the  home  of  Don 
Antonio  Sunol,  whose  hospitality  was  un- 
bounded, whose  trained  Indian  servants  were 
the  envy  of  many  less  fortunate,  and  whose 
exquisite  table  linen,  adorned  with  Spanish 
drawn  work,  was  the  admiration  of  all.  The 
guests  included  Mr.  and  Mrs.  Ryland,  Mr.  and 
Mrs.  Wallace,  and  Mr.  and  Mrs.  Younger.  A 
large  dancing  party,  given  for  the  benefit  of 
the  Presbyterian  Church  when  Rev.  Dr.  Gar- 
win  was  pastor,  was  among  the  many  enjoy- 
able functions  here.  In  this  the  moving  spirits 
were  Mrs.  Crosby,  Mrs.  S.  J.  Hensley,  and 
Miss  Lois  Bradley. 

"Mrs.  Aladdock  has  graciously  written  the 
following  reminiscences  of  those  early  times: 
'In  looking  over  a  journal  which  I  kept  when 
a  young  girl,  I  find  that  almost  everything  of 
interest  is  jotted  down.  The  young  married 
ladies  were  Mrs.  Hensley,  Mrs.   Belden,  Mrs. 


HISTORY  OF   SANTA  CLARA  COUNTY 


95 


Ryland,  Mrs.  Wallace.  Mrs.  lolin  Murphy, 
Mrs.  Yoell,  Mrs.  Lottie  Thompson,  Mrs.  Fred 
Appleton.  and  Mrs.  Gertrude  Horn,  mother  of 
Mrs.  Atherton  of  literary  fame.  Among  the 
young  ladies  were  Miss  Price  and  her  sister, 
Miss  Bettie,  now  Mrs.  John  Moore,  both  noted 
for  their  beauty  ;  Colonel  Younger's  daughters, 
Miss  Flelen  and  Miss  Fanny;  Miss  Mary 
Smith,  Miss  Yontz,  Miss  Echols  (a  beautiful 
girl).  Miss  Ellen  Skinner  and  sister,  Miss  Nel- 
lie; Miss  Mattie  Reed,  Miss  Henrie  Bascom 
(pretty  and  witty).  Miss  Lizzie  Branham,  Miss 
C.  Packwood,  Miss  Divine  (later  Mrs.  Estee 
of  San  Francisco),  and  pretty  Miss  Lizzie  Mil- 
ler, now  Mrs.  Mitchell  and  living  abroad. 

"  'On  July  17,  1858,  Mrs.  Hensley  g-ave  a 
garden  part}',  when  the  grounds  were  lighted 
with  lanterns  and  supper  was  served  in  the 
summer  house.  Among  those  present  were : 
Mr.  and  Mrs.  Josiah  Belden,  Mr.  and  Mrs. 
Ryland,  Mr.  and  Mrs.  John  Murphy,  Mr.  and 
Mrs.  Younger,  Mr.  and  Mrs.  Appleton,  Mr. 
and  Mrs.  Yoell,  Mrs.  Thompson,  Mr.  and  Mrs. 
Archer,  Misses  Camilla  and  Betty  Price,  Miss 
Divine,  Miss  Yontz,  Miss  Holmes  of  Oregon, 
Fred  Hale,  William  Matthews,  Dr.  Chamber- 
lin,  Mr.  McGowan,  John  B.  Hewson,  Dr.  Shaw, 
William  Lewis,  Mr.  Gregory,  Mr.  Yontz,  Mr. 
Moultrie,  Mr.  Johnson,  and  Mr.  Davis. 

"  'On  February  3,  1858,  Mrs.  Fred  Appleton 
gave  a  fancy  dress  party  at  her  home  on  the 
Alameda.  Mrs.  Appleton  was  a  dark  beauty 
and  charming  in  manner.  She  was  dressed  as 
a  gypsy;  Mrs.  Smith  as  Night;  Miss  Yontz  as 
Morning;  Miss  Packwood  as  Morning  Star; 
Miss  Lily  Eschols  as  Mary,  Queen  of  Scots. 
Others  present  were:  Misses  Bascom,  Divine, 
Thompson.  Price  and  Hester.  The  gentlemen 
were:  John  B.  Hewson,  William  R.  Davis, 
Messrs.  Lewis,  Gregory,  Yontz,  William  Mat- 
thews, Hall,  Dr.  Bell,  and  others.  Miss  Lottie 
Thompson  was  a  Highland  lassie  and  Miss 
Sallie  Hester  a  flower  girl. 

"Then  we  had  balls  galore  at  the  old  State 
House  on  the  plaza  and  the  City  Hall  on  Mar- 
ket Street.  I  remember  a  large  party  given 
by  the  young  men  of  San  Jose  in  1865  at  the 
City  Hall.  At  that  time  others  were  added  to 
the  list  of  society  people :  Mrs.  William  Dick- 
inson, Mrs.  Flora  Burnett,  Mrs.  Brown,  Mrs. 
Thornberg,  a  beautiful  woman,  and  others.' 

"In  1858  the  Young  Men's  Social  Club  was 
organized  and  the  officers  were :  S.  O.  Hough- 
ton, W.  R.  Yontz,  and  W.  A.  Lewis.  The 
members  were:  J.  B.  Hewson,  James  H. 
Gardner,  George  Evans,  John  M.  Sherwood,  B. 
F.  Dewey,  C.  E.  Cheney,  A.  W.  Bell,  Ralph 
LoAve,  L.  P.  Peck,  W.  E.  Davis,  Joseph  Bass- 
ler,  John  R.  Yontz,  John  H.  Gregory,  Alex 
Beaty,  S.  Bassler,  John  Q.  Pearl,  A.  Redman, 
J.  H.  Flickinger,  John  M.  Murphy,  P.  O. 
Minor,  Edmund  McGowan,  and  William  Mat- 


thews. Below  this  list  was  W.  H.  Travis, 
teacher  of  dancing.  Mr.  Lowe  has  also  the 
dance  programme  of  the  second  ball  of  the 
Santa  Clara  Valley  Agricultural  Society,  given 
at  the  City  Hall,  Friday  evening,  October  21, 
1859.  The  reception  committee  included  James 
F.  Kennedy,  John  B.  Hewson,  W.  A.  Lewis, 
Patrick  Murphy,  Colonel  Hollister,  and  Joseph 
R.  Weller.  The  managers  were  Cary  Peebles, 
Colonel  Younger,  R.  G.  Moody,  H.  C.  Malone, 
S.  J.  Hensley,  W.  A.  Bray,  L.  Prevost,  E.  S. 
Chipman,  W.  Reynolds,  and  W.  T.  Wallace. 
The  floor  managers  were  John  M.  Murphy  and 
H.  H.  Winchell.  The  order  of  dances  was 
promenade  march,  cjuadrille,  schottische,  ma- 
zurka, polka,  waltz,  ciuadrille  coquette.  High- 
land schottische,  varsovienne,  and  quadrille 
march.  Then  supper  and  afterward  the  qua- 
drille, waltz,  polka,  schottische,  mazurka, 
Spanish  dance,  'Home,  Sweet  Home.' 

"In  the  home  of  Adolph  Pfister  the  guest 
was  always  sure  of  a  cordial  greeting,  and  din- 
ners were  the  favorite  form  of  entertaining, 
the  family  seldom  enjoying  this  meal  without 
two  or  more  guests.  Mr.  and  Mrs.  T.  J.  Wil- 
burn,  who  came  here  in  the  early  '50s  from 
their  Missouri  home,  settled  on  the  Alameda, 
where,  with  characteristic  hospitality,  they  de- 
lighted to  gather  friends  around  them.  Their 
daughter,  Mrs.  Givens  George,  speaking  of 
those  times,  said  :  'The  first  party  I  attended 
here  was  in  the  '50s  and  was  a  dancing  party 
given  by  Major  and  Mrs.  Hensley.  Among 
the  belles  and  beaux  present  on  that  occasion, 
I  remember  Miss  Sallie  Hester,  the  Misses 
Price,  Miss  Mattie  Reed,  Givens  George,  Ned 
McGowan,  Fred  Hall,  Fred  Appleton,  John 
Gregory,  Jim  Maxey,  and  Captain  McKenney.' 

"A  large  and  delightful  social  circle,  whose 
members  did  not  include  the  votaries  of  the 
ballroom,  but  whose  teas,  church  socials,  mite 
societies  and  afternoon  and  evening  gatherings 
were  equally  enjoyable,  was  formed  by  Mr.  and 
Mrs.  Donald  MacKenzie,  Mr.  and  Mrs.  John 
Piercy,  Misses  Julia  and  Lou  McCabe,  the 
late  Rev.  H.  C.  Benson,  Mrs.  Benson,  Mr.  and 
Mrs.  John  Selby,  Mr.  and  Mrs.  T.  Rea,  Mr. 
and  Mrs.  J.  H.  Flickinger,  Mr.  and  Mrs.  John 
Trimble,  Mr.  and  Mrs.  Smith,  Dr.  and  Mrs. 
Caldwell,  Mr.  and  Mrs.  William  De  Hare 
Boone,  and  Mr.  and  Mrs.  E.  J.  Wilcox.  Mrs. 
Piercy  often  told  of  the  delightful  gatherings 
at  the  home  of  Mrs.  MacKenzie  and  that  in 
those  times  it  was  the  principal  place  where 
Presbyterians  gathered  to  spend  a  social  even- 
ing. About  this  time  Rev.  L.  Hamilton  was 
pastor  of  the  Presbyterian  Church  and  Mrs. 
Piercy  said  that  one  day  the  reverend  gentle- 
man called  at  her  residence  on  Julian  Street, 
where  a  number  of  church  people  were  spend- 
ing the  afternoon,  and  told  them  of  his  latest 
exploit,  that  of  climbing  to  the  top  of  the  high- 


96 


HISTORY  OF   SANTA  CLARA  COUNTY 


est  peak  of  the  Coast  Range  Mountains,  and 
how  in  honor  of  this  feat  that  i^eak  was  after- 
wards known  as  Mt.  Hamilton. 

"The  social  changes  in  the  '60s  are  aptly  de- 
scribed by  a  lady  who  for  years  was  one  of  San 
Jose's  lovely  and  amiable  girls,  afterwards 
ranking  among  the  charming  and  aiiable  ma- 
trons, Mrs.  S.  O.  Houghton,  now  of  I^os 
Angeles : 

"  'San  Jose  society  between  the  years  1861- 
'65,  had  its  social  code  and  its  e.N;clusive  circles, 
but  it  was  not  governed  by  iron-clad  rules,  nor 
was  it  hedged  with  formalities.  Its  social 
events  were  suited  to  the  conditions  of  an  in- 
telligent, sprightly,  pioneer  community,  whose 
best  physical  and  mental  efiforts  were  devoted 
to  practical  schemes  and  to  matters  of  great 
public  interest,  and  whose  hospitable  natures 
still  kept  in  touch  with  old  home  customs  and 
influences.  Few  of  us  lived  in  houses  spacious 
enough  to  accommodate  large  numbers  of 
guests,  but  many  delightful  teas  and  sumptu- 
ous dinners  brought  genial  friends  together  in- 
formally. There  were  also  frequent  exchanges 
of  visits  among  families  in  the  evenings.  Home 
talent  provided  many  musical  treats,  and  spell- 
ing matches  for  benevolent  purposes  afforded 
much  amusement  to  large  audiences. 

"  'AH  entertainments  for  church  or  charity 
were  regarded  as  social  events.  Madame  Anna 
Bishop  and  Mr.  and  Mrs.  Marriner  Campbell, 
of  San  Francisco,  occasionally  favored  us  with 
concerts,  which  always  brought  out  the  most 
appreciative  people.  Our  younger  members 
had  also  their  horseback  rides,  picnics,  driving 
and  dancing  parties. 

"  'It  was  not  yet  the  custom  to  have  these 
courtesies  and  merrymakings  chronicled  in  the 
newspapers,  nor  were  brides  in  those  days  en- 
riched with  wedding  presents.  Day  weddings 
were  usually  followed  with  dinners  to  relatives 
and  intimate  friends  of  contracting  parties,  and 
night  weddings  frequently  ended  with  dances 
at  the  'hall,'  which  was  decorated  with  ever- 
greens for  the  occasion. 

"  'An  annual  ball  was  given  by  each  of  the 
following  organizations;  Firemen,  Odd  Fel- 
lows, Masons,  and  Military  Companies.  Arm- 
ory Hall  was  tastefully  festooned  for  these 
events  with  evergreens,  flowers  and  flags.  The 
refreshments  served  were  elaborate  and  the 
music  furnished  was  excellent.  February 
twenty-second,  July  fourth.  Thanksgiving 
night,  and  New  Year's  eve  were  the  dates  se- 
lected for  these  brilliant  reunions,  which  re- 
ceived the  recognition  and  moral  support  of 
the  best  people  in  the  community.  As  the 
membership  roll  of  the  first  named  organiza- 
tion formed  largely  the  lists  of  the  others, 
most  of  the  husbands,  brothers,  and  beaux  ap- 
peared in  different  uniforms  on  each  occasion. 


■'  'The  married  ladies  who,  as  spectators  and 
chaperons,  gave  tone  and  dignity  to  these  fes- 
tal scenes,  were  costumed  in  silks,  satins,  and 
velvets,  high  at  the  neck  and  with  long  sleeves, 
trimmed  with  laces  and  narrow  velvet  ribbon. 
They  wore  white  gloves  and  carried  lace 
handkerchiefs  and  handsome  fans.  Their  or- 
naments were  garnet  and  coral  "sets,"  or  neck- 
laces of  gold,  with  pendant  crosses  jeweled 
with  pearls  and  diamonds.  Brides  wore  their 
bridal  robes  and  ornaments,  and  young  ladies 
were  gowned  in  delicate  shades  of  tarletans, 
Swiss,  and  grenadines.  Many  of  their  skirts 
were  tucked  nearly  to  the  waist.  The  bodices 
\\'ere  low  at  the  neck  and  had  short  puffed 
sleeves  daintily  trimmed  with  lace  and  satin 
ribbon.  The}-  also  wore  white  gloves,  and 
flowers  in  their  hair.  Gold  necklaces  with 
lockets  attached  were  their  only  ornaments. 
Dancing  began  as  early  as  eight  o'clock  in  the 
evening,  and  those  who  did  not  wish  to  see  the 
peep  of  day  went  home  before  the  programme 
was  finished.' 

"No  home  was  more  hospitable,  nor  none 
opened  its  doors  more  frequently  to  guests 
than  the  one  presided  over  by  Major  and  Mrs. 
\A\  W.  McCoy,  on  the  Alameda.  Here  dinners 
and  dances  were  an  almost  every-dav  occur- 
rence. An  elaborate  dinner  was  given  in  honor 
of  Hon.  T.  A.  and  Mrs.  Hendricks,  when  the 
future  Vice-President  of  the  United  States  was 
touring  the  state  in  the  early  '60s.  Mr.  and 
Mrs.  McCoy  were  assisted  by  their  beautiful 
and  accomplished  daughters,  Miss  Nannie  and 
Miss  Fannie.  The  guests,  besides  Mr.  and 
Mrs.  Hendricks,  were:  Dr.  and  Mrs.  Bascom, 
Mr.  and  Mrs.  W.  T.  Wallace,  Colonel  and  Mrs. 
Younger,  Dr.   Marcus  Chamblin.' 

"Following  is  a  charming  letter  from  Mrs. 
Fitzgerald  :  'On  receiving  a  letter  asking  for 
some  brief  account  of  some  party  I  attended  in 
San  Jose  in  bygone  years,  my  mind  at  once 
reverted  to  the  wxdding  of  two  of  Governor 
Burnett's  children,  somewhere  near  1860. 
Miss  Sallie  Burnett  was  married  to  Mr.  Fran- 
cis Poe,  of  Maryland,  I  think,  and  Mr.  Arm- 
stead  Burnett  to  Miss  Flora  Johnson.  Miss 
Burnett's  bridesmaids  were  her  cousin.  Miss 
Mollie  Smith,  and  Miss  Maggie  Branham, 
afterwards  Mrs.  Ogier.  I  do"  not  remember 
^vho  were  their  groomsmen,  but  those  of  the 
other  couple  were  Mr.  James  Johnson,  uncle 
of  the  bride,  and  Mr.  James  Whitney,  and 
the  bridesmaids  were  Miss  Lou  Johnson  and 
Miss  Fannie  McCoy. 

"  'There  was  a  large  party  on  the  night  of 
the  wedding  in  Governor  Burnett's  old  home 
and  the  elaborate  supper  was  served  in  an  un- 
finished house  which  Mrs.  C.  T.  Ryland  was 
then  building  in  her  father's  yard.  Next  day 
the  bridal  party  attended  a  dinner  given  by 
Dr.    and    Mrs.    Johnson,    and    on    the    evening 


HISTORY  OF  SANTA  CLARA  COUNTY 


97 


following  Colonel  and  Mrs.  Younger  gave  a 
large  party  in  their  honor.  Other  entertain- 
ments followed,  and  at  the  end  of  a  week's 
festivities  in  San  Jose  the  party,  with  parents 
and  friends,  went  to  San  Francisco.  There  was 
no  railroad  then,  and  we  were  driven  in  car- 
riages to  Alviso,  where  we  took  the  boat  to 
the  city.  There  we  attended  a  reception  giv- 
en by  Miss  Page  and  had  a  good  time  general- 
ly for  several  days  after.  Mrs.  Pee  lived  but 
six  months  after  her  marriage,  and  Mr.  Arm- 
stead  Burnett  only  a  year  and  a  half.  Mr. 
Poe  went  East  and'  was  killed  during  the  Civil 
War,  and  Mrs.  Burnett,  some  time  after  the 
death  of  her  husband,  married  Mr.  Will  Hes- 
ter. Miss  Lou  Johnson  is  now  Mrs.  Dick- 
inson, and  Miss  Mollie  Smith  married  a  gen- 
tleman of  the  same  name.  San  Jose  was  a  very 
pleasant  place  in  those  days.  It  was  still 
early  enough  for  the  gentlemen  to  greatly 
outnumber  the  ladies,  so  beaux  were  abundant, 
and  the  girls  made  much  of.  There  were  some 
beautiful  Spanish  and  Mexican  girls,  too,  some 
of  whose  names  I  forget.  I  remember  the 
Misses  Pico  and  Sunol,  however.' 

'Tn  writing  of  these  times,  Dr.  Chamblin 
said  that  he  had  very  pleasant  recollections 
of  his  many  old  time  friends  in  San  Jose  and 
of  the  many  enjoyable  social  affairs  he  attend- 
ed here  in  the  early  sixties  at  the  home  of 
Major  and  Mrs.  W.  W.  jMcCov,  Judge  and 
Mrs.  W.  T.  Wallace,  Colonel  and  Mrs.  Cole- 
man Younger,  and  several  others,  all  of  whom 
were  noted  for   their   southern   hospitality. 

"The  home  of  Mr.  and  Mrs.  Josiah  Belden, 
which  stood  wdiere  the  Hotel  Vendome  now 
is,  was  the  scene  of  many  balls,  musicales,  and 
dinners.  Among  them  a  sumptuous  dinner, 
followed  by  a  dance,  was  given  in  the  sixties 
in  honor  of  Mr.  and  Mrs.  Delos  Cole,  who 
had  just  been  married.  In  speaking  of  this 
a  guest,  who  was  present,  said :  'A  hand- 
somer bride  it  would  have  been  hard  to  find 
than  was  Mrs.  Cole,  and  no  wonder  she  was 
the  central  figure  that  night  at  the  Belden 
party.  Her  beautiful  neck,  shoulders,  and 
arms  and  her  sweet  face  made,  indeed,  a  per- 
fect picture.' 

"Mr.  and  Mrs.  Norman  Porter,  and  Dr. 
and  Mrs.  Knox  were  among  the  people  who 
selected  San  Jose  for  their  home,  and  in  1863 
they  settled  here  and  soon  occupied  prominent 
places  in  society. 

"A  few  years  later  Dr.  Chas.  G.  Ames,  a 
Unitarian  divine,  made  monthly  trips  to  Santa 
Cruz  to  deliver  lectures,  and  at  the  close  of 
the  season  the  Unity  Society  sprang  into  ex- 
istence. Among  the  active  members  of  the 
popular  society,  that  for  nearly  fourteen  years 
gave  the  most  enjoyable  entertainments  ever 
known  here  were  Mrs.  Laura  J.  Watkins,  Mr. 
and  Mrs.   M.   Leavenworth,   Mr.   and  Mrs.   C. 


T.  Settle,  Mr.  and  Mrs.  Ashley,  Mr.  and  Mrs. 
Gould,  Levi  Goodrich,  J.  J.  Owen,  Mr.  and 
Mrs.  Thompson,  Mr.  and  Mrs.  G.  Blaine,  Mr. 
and  Mrs.  A.  T.  Herrmann  and  Mrs.  Sarah 
J.  Knox." 

The  historian  will  here  interrupt  Mrs. 
Carroll's  account  by  relating  a  story  in  which 
Rev.  Mr.  Ames  and  William  T.  Wallace 
figured.  Wallace  was  a  pioneer  member 
of  the  San  Jose  bar,  and  a  leader  in  so- 
ciety. In  the  sixties  he  was  elected  Chief 
Justice  of  the  State  Supreme  Court.  Ames 
was  not  a  politician  and  made  but  few 
speeches,  but  these  were  something  out  of  the 
ordinary.  He  was  one  of  the  brightest  men, 
intellectually  the  country  has  ever  produced. 
He  saved  the  day  for  the  Republican  party 
in  1872  when  George  C.  Gorham  was  the  lead- 
ing Republican  orator  of  the  state.  As  a  de- 
bater Gorham  had  no  superior  on  the  stump, 
and  when  joint  discussions  were  the  rule  he 
was  an  enem)'  to  be  feared.  Late  in  the  cam- 
paign a  joint  meeting  in  San  Jose  was  ar- 
ranged, the  speakers  to  be  Gorham  for  the 
Republicans  and  Judge  William  T.  Wallace 
for  the  Democrats.  Wallace  was  then  in  his 
prime  and  one  of  the  most  eloquent  and  ef- 
fective orators  on  the  Coast.  A  large  stand 
was  erected  on  Santa  Clara  street  in  front 
of  the  Auzerais  House  and  an  immense  crowd, 
comprising  people  from  all  parts  of  the  coun- 
ty was  in  attendance  when  the  hour  of 
discussion  arrived.  At  the  last  moment  con- 
sternation reigned  in  the  rooms  of  the  Repub- 
lican County  Central  Committee.  Gorham  had 
missed  his  train  and  could  not  be  present. 
Without  him  the  meeting  would  be  a  Demo- 
cratic walkover  and  the  Republican  party  of 
Santa  Clara  County  would  receive  a  blow 
that  would  be  felt  for  years. 

The  members  of  the  Committee  had  about 
given  up  in  despair  when  some  one  suggest- 
ed Charles  G.  Ames  as  a  substitute  for  Gor- 
ham. It  was  not  expected  that  he  could  do 
much  without  preparation,  but  it  was  believed 
that  he  could,  at  least,  put  up  a  good  blufif 
and  save  the  Republican  party  its  distance. 
Like  a  drowning  man  catching  at  a  straw,  the 
committee  caught  at  the  suggestion  and  as 
good  fortune  would  have  it  they  found  Ames 
willing  to  undertake  the  job.  The  Democrats 
readily  accepted  the  substitution,  believing 
that  Ames  would  be  a  mere  puppet  in  the 
hands  of  the  trained  and  eloquent  Wallace. 
They  also  graciously  consented  to  give  Ames 
the  opening  and  closing  speech,  and  the  meet- 
ing opened  at  the  appointed  hour  before  a 
crowd  composed  of  sober-faced  Republicans 
and  glad-eyed  Democrats. 

Ames'  opening  speech  was  short.  He  made 
no  attempt  to  fire  the  hearts  of  his  Republi- 
can auditors  but  contented  himself  with  a  brief 


98 


HISTORY   OF   SANTA   CLARA   COUNTY 


but  clear  statement  of  the  principles  and  aims 
of  the  party  he  represented.  Wallace  fol- 
lowed in  one  of  the  best  efforts  of  his  life. 
In  the  belief  that  he  was  master  of  the  situ- 
ation, he  was  eloquent  and  sarcastic  by  turns, 
but  strong  at  all  times.  Dismissing  with  a 
few  contemptuous  words  the  arguments  ad- 
vanced by  Ames,  as  if  both  the  subject  and 
the  man  were  beneath  his  notice,  he  went  over 
the  history  of  the  past  and  in  words  of  burn- 
ing elofjuence  pointed  out  the  path,  that  in  his 
opinion,  all  honest  A'oters  should  travel.  AVhen 
he  took  his  seat  the  air  was  rent  Avith  cheers. 
A  happier  lot  of  Democrats  were  never  gath- 
ered at  a  political  meeting. 

The  Republicans  saw  Ames  arise  but  in  their 
eyes  there  was  no  light  of  confidence  or  hope. 
They  looked  upon  the  day  as  lost  and  in 
imagination  could  see  the  grand  Democratic 
demonstration  that  must  follow  the  meeting. 
But  soon  despair  gave  place  to  surprise  and 
surprise  to  joy  that  could  hardly  be  restrained 
from  the  noisiest  exhibition.  Ames,  after  a 
few  commonplaces,  began  to  speak  like  one 
inspired.  Epigrams,  like  pearls,  dropped 
from  his  lips  and  brilliant  bursts  of  eloquence 
Avere  follcAved  bv  sentences  of  such  biting  sar- 
casm that  the  Democrats  winced  as  if  they 
had  been  pricked  Ijy  a  knife.  The  speaker 
with  his  intellectual  grasp,  his  thorough 
knowledge  of  his  subject  and  his  wonderful 
command  of  language,  played  upon  his  hear- 
ers as  if  they  were  some  instrument  and  he 
the  accomplished  performer  and  master.  As 
for  Judge  Wallace,  Ames  metaphorically  wiped 
the  floor  with  him  and  the  defeat  of  the  dis- 
tinguished Democrat  was  so  complete  that  it 
AA'as  years  befc)re  he  could  be  induced  to  de- 
liver another  speech  in  San  Jose.  The  Re- 
publicans, and  not  the  Democrats,  had  the 
demonstration  that  evening  and  Ames  was 
the  hero  of  the  hour. 

Now  Mrs.   Carroll  again. 

"In  the  early  sixties  the  homes  of  Mr.  and 
Mrs.  Tliormburg  and  'Mv.  and  Mrs.  Cary  Pee- 
bels,  near  Santa  Clara,  were  frequently  invad- 
ed by  parties  of  merry-makers,  and  all  were 
sure  of  receiving  a  cordial  welcome.  In  speak- 
ing of  these  surprise  parties,  Mrs.  Delos  Cole 
said  that  she  neA'er  forgot  the  exquisite  sing- 
ing of  Morris  M.  Estee,  (afterward  Go\-ernor 
of  the  state)  who  was  always  one  of  the  crowd 
and  who  sang  'The  Mocking  Bird'  with  ininii- 
table  charm  at  the  last  party  she  attended  at 
Mrs.   Thormburg's. 

"Mrs.  EA'aline  Prothero  Yoell,  who  for  years 
was  considered  the  mrist  beautiful  woman  in 
the  county,  wrote  of  San  Jose  society,  say- 
ing: 'I  attended  every  party  of  importance 
from  1852  dfjwn  to  the  last  three  that  came 
very  near  together  in  1870,  Avhen  I  left  the 
Garden    City.      The    first    of    these    three    was 


given  by  Miss  Camilla  Price,  sister  of  Mrs. 
John  Moore,  at  Judge  Moore's  residence,  in 
honor  of  Mrs.  Phoebe  Hearst.  The  second 
was  the  golden  wedding  of  Judge  and  Mrs. 
Craven  Hester,  and  the  last  was  given  by 
Judge  and  Mrs.  A.  E.  Rhodes,  celebrating  the 
anniversary  of  the  wedding  of  their  daughter, 
Miss  Mary,  to  ]\Ir.  Alfred  Barstow.  These 
parties,  all  elegant,  reflected  great  credit  upon 
the  ladies  wdio  were  to  the  manor  born.  There 
was  no  Eudwig  or  Maison  Dore  to  beckon 
to  their  assistance,  and  who  appear  like  mag- 
ic and  quietly  steal  away.  The  ladies  depend- 
ed upon  their  own  tact  and  ingenuity.  My 
memory  is  not  Aery  good  and  I  could  not  be- 
,gin  to  describe  them,  as  I  fear,  amid  the  glam- 
our of  the  oriental  splendor  of  today,  it  would 
sound  meagre,  would  would  be  injustice 
to  those  society  ladies.  At  the  party  at 
Judge  Rhodes',  as  I  entered  the  room, 
I  said  to  him:  'WHiere  will  you  find  any  to 
compare  with  this  bcAy  of  ladies — Mrs.  W.  T. 
Wallace,  Mrs.  Hensley,  then  a  widow,  Mrs. 
Josiah  Belden,  Mrs.  Fitzgerald,  Miss  Sallie 
Hester,  Mrs.  A.  M.  Thompson,  Miss  Camilla 
Price,  and  Mrs.  John  Moore?' 

"  'Our  society  from  the  early  '60s  down  to 
'70  included  :  Mr.  Boring,  afterward  Bishop  of 
Georgia,  and  daughters.  Misses  Jnlia  and  Ella, 
Mr.  and  Mrs.  S.^T-  Hensley,  :\irs.  C.  T.  Ry- 
land,  Mr.  and  ilrs.  W.  T. 'Wallace,  Mr.  and 
Mrs.  J.  F.  Reed,  .Mr.  and  Mrs.  Josiah  P.elden, 
Judge  and  Mrs.  Hester,  and  their  daughters. 
Misses  Sallie  and  Eaura,  Dr.  and  Airs.  Bascom 
and  daughters.  Miss  Dollie  Coombs,  after- 
wards Mrs.  Horace  Hawes,  Colonel  J.  B.  Price 
and  daughters.  Misses  Camilla  and  Betty, 
Miss  Julia  Peck,  afterAvards  Mrs.  Eevi  Good- 
rich, Miss  Florence  Inskeep,  Afiss  Mollie 
Crane,  afterwards  Mrs.  AlcPike,  Colonel  and 
Mrs.  IMcCo}-,  Miss  Nannie  McCoy,  Aliss  Fan- 
nie McCoy,  now  Mrs.  Adolph  Fitzgerald,  and 
Mrs.   West  Chappell.' 

"A  large  party  Avas  given  by  E.  C.  Single- 
tary  in  Music  Hall,  and  it  Avas  one  of  the 
swell  aiTairs  of  the  period.  W^reaths  of  ivy, 
mingled  Avith  red  and  Avhite  roses,  festooned 
the  hall,  and  from  the  chandeliers  hung  bird 
cages,  and  ever  and  anon  the  shrill  notes 
of  the  golden  Avarlilers  blended  in  complete 
harmony  Avith  the  soul-stirring  and  body-lift- 
ing  strains    from    the    band    on    the    platform. 

"Mr.  SingletarA-  proA'ed  himself  to  be  a  prince 
at  entertaining.  The  Ijrilliant  parlor  and  club 
ro(Tms  Avere  o])en  for  all  Avho  did  not  Avish 
to  dance;  colored  serxants,  in  li\-erA-,  attend- 
ed to  e\'ery  Avant :  carriages  Avere  at  the  dis- 
])osal  of  the  guests,  and  the  sumptuous  sup- 
per  AA'ould   ha\"e   done   credit   to   rcivalty. 

"In  the  later  sexenties  the  young  society 
leaders  organized  a  social  clul)  to  introduce 
the  German.     Professor  Millington  Avas  chosen 


H1S'1\)RY   OF   SANTA   CLARA   COUNTY 


99 


director,  and  under  the  leadershi])  of  Charles 
15.  Hensley  and  Miss  Kate  Moody,  the  .sj^race- 
ful    fiq;ures    with    their    accompanj'ing    favors, 
mirrors,  fluwer^,  and  ribbons,  were  thoroughly 
enjoyed    by   the   merry   dancers.      Among-   the 
members    were    Miss    Annie    Hanchett,    sifter- 
wards  Mrs.  Jack  A\'right  of  Sacramento;  Miss 
Kate  Moody,  now  Mrs.  W.  C.  Kennedy;  Miss 
Sallie  Trimble,   now    Airs.   Nicholas    Bowden ; 
Miss    Ella    Hensley,    now    Mrs.    Thornton,    of 
^Montana  ;  Miss  Lou  Schallentierger,  now  Mrs. 
Thomas    Montgomer)- ;    Miss    Frankie    Cahill, 
now    Airs.    Charles    Wilcox;    Miss    Jennie    Ca- 
hill, now  Mrs.  A.  L.  Veuve;  Miss  Jennie  Wil- 
son,   now    Mrs.    "W.    P.    Veuve;    Miss    Minnie 
Fule}',  now   Mrs.  Richmond  ;  Miss  Anita  Fal- 
lon, Miss  Ida  George,  now  Mrs.  Frank  Bishop- 
rick,    Miss    Ada    Ryland,    Misses    Porter,    and 
Miss  Pugh  ;  Messrs.   Charles  Hensley,  Loring 
0.  Nesmith,  John  T.  IMalone,  E.  S.  Breyfogle, 
W.  C.  Kennedy,  W.  P.  Veu\'e,  Frank  Haight, 
Sam  R.  Rhodes,  E.  C.  Singletarv,  J.  H.  Camp- 
bell, H.  B.  Alford,  George  Ashley,  Ike  Loeb, 
Pomeroy,      Cutler,      McMahon,      Owen,      and 
Howes.' 

"In  '76  the  French  residents  celebrated  the 
Fall  of  the  Bastile  for  the  first  time  in  this 
citv.  The  large  ball  and  sumptuous  bancpiet 
at  the  Lake  House  was  a  social  function  not 
to  be  overlooked.  The  grounds  were  adorned 
with  flags  and  lanterns  and  here  the  large  sup- 
per table  was  arranged  in  the  shape  of  a  hollow 
o\al.  J.  Poulain  occupied  a  seat  in  the  center, 
with  Hon.  B.  D.  Murphy,  who  was  then  mayor 
of  the  city,  on  his  left,  and  J.  B.  J.  Portal  on 
the  right.  The  committee  of  arrangements 
\\-ere  I.  B.  J.  Portal,  B.  Burv,  A.  Delmouly. 
L  Jacquelin  and  P.  Etchebarne. 

"An  Authors'  Carnival  and  Ladies'  Bazaar, 
the  first  on  the  Pacific  Coast,  was  held  in 
Music  Hall  under  the  auspices  of  the  Home 
of  Benevolence.  It  was  an  event  in  the  his- 
tory of  San  Jose  and  well  maj^  the  officers 
of  the  Home  at  that  time  be  gratefully  remem- 
bered for  the  skill  with  which  they  conduct- 
ed the  afifair.  Mrs,  Nellie  B.  Eyster  was  pres- 
ident; Mrs.  M.  H.  McKee  and  Mrs.  L.  W. 
Moultrie,  vice-presidents;  Mrs.  Louise  E. 
King,  secretary,  and  Airs.  Frances  D'.  Wil- 
liams, treasurer.  The  board  of  managers  were: 
Mesdames  J.  C.  Cobb,  C.  R.  Span,  T.  W. 
Spring,  A.  N.  Gates,  Ben  Cory,  P.  D.  Hale, 
Pauline  Stone,  E.  Coombs,  T.  E.  Beans,  S.  A, 
Clark,  C.  H.  Allen,  H.  J.  Haskell,  Jackson 
Lewis,  P.  T.  de  Cabe,  A.  T.  Herrmann  and 
M.  Diamond. 

"The  following  bit  of  reminiscence  about 
General  Smith,  at  whose  home  near  this  city 
many  people  have  been  entertained,  is  from 
Airs.' Mary  Barstow,  daughter  of  Judge  Rhodes 
and  the  late  Airs.  Rhodes. 


"  'General  Giles  A.  Smith,  who  as  a  divi- 
si<in  commander  under  Grant,  served  with 
great  distinction  during  the  Civil  War,  and 
\\ho  \\'as  afterward  appointed  Second  Assistant 
I'listmaster-General  at  Washington,  came  to 
California  in  the  early  seventies  for  a  rest, 
with  his  \vife  and  little  daughter.  May.  They 
were  accumpanied  by  Alfred  Barstow.  Air. 
ISarstow  was  also  connected  with  the  Post- 
oilice  Department  and  he  and  General  Smith 
l)ecame  great  friends.  The  General  bou.ght  a 
ranch  in  the  foothills  near  Alum  Ivock,  where 
he  built  a  beautiful  home  and  entertained 
charmingly. 

"  ',\fter  the  General's  death.  Airs.  Smith  and 
her  daughter  went  abroad,  where  Aliss  Alay 
married  a  gentleman  of  Gene\a,  ,S\vitzerland, 
and  still  lixes  there  in  the  most  ideal  man- 
ner, her  husbantl.  Air.  Francis  Delapalane,  be-, 
ing  an  artist  of  high  standing  and  ample 
means.' 

"A  l)rilliant  jjart}-  by  the  young  men  of  San 
Jose  was  given  Friday  evening,  January  26, 
"1883,   when 

Shimmering  satin  and  gossamer  laces, 
Blaze  of  trumpets  and  bugle  call ; 
A  shifting  sea  of  bewildering  faces. 
Surging  along  through  the  perfumed  hall, 
but  faintl}^  describes  the  gorgeous  scene.     The 
committee  of  arrangements  were ;  John  W^  Ry- 
land,   E.    AIcAfee,    William    K.    Beans,    J.    C. 
Travis,  Andrew  P.  Hill,  J.  B.  Cory,  and  A.  E. 
Haden.      Alusic   Hall  Avas  garlanded  with  cy- 
press   and    holly    berries    and    a    large    green 
streamer  was  stretched  across  the  stage  bear- 
ing the  words:    AVe  greet  you,  one  and  all.' 
The   music   was   by   Kauffman   and    Parkman, 
and  one  feature  was  a   schottische   composed 
for  the  occasion  by  Air.  Kauffman  and  dedicat- 
ed  to   the   Young  Ladies'   Social   Temperance 
Club. 

"The  ladies  who  composed  the  reception 
committee  were :  Airs.  S.  O.  Houghton,  Airs. 
E.  O.  Smith,  and  Airs.  Lawrence  Archer.  Airs. 
Hou.ghton  wore  an  elegant  dress  of  black  lace 
over  black  silk;  garniture  of  red  roses;  orna- 
ments, diamonds.  Airs.  E.  O.  vSmith  was 
dressed  in  rich  black  satin,  trimmed  with  os- 
trich feathers ;  point  lace  fichu ;  ornaments, 
diamonds.  Airs.  Archer  -wore  a  dress  of  black 
silk  brocade ;  corsage  boucpiet  of  red  roses ; 
ornaments,  diamonds. 

"The  gentlemen  who  got  up  the  ball  were : 
Alessrs.  H.  J.  Alexander,  Henry  B.  Alvord. 
George  Avery,  G.  Anderson,  W.  W.  Blanch- 
ard,  W^  K.  Beans,  A.  L.  Barker,  Nick  Bow- 
den, Frank  P.  Bull,  Da\e  Bryant,  J.  B(Toksin, 
W.  E.  Coombs,  Dr.  Bruce  Clow,  C.  Colombet, 
Louis  Colombet,  Ed.  Cla_\'ton,  A.  A\'.  Coombs, 
C.  Chapman,  F.  Co}-kendall,  R.  Coykendall, 
FI.    F.    Dusing,    Ernest   Dawson,    Ed    Enright, 


100 


HISTORY  OF  SANTA  CLARA  COUNTY 


C.  Flickinger,  W.  Finch,  W.  T-  Fosgate,  L. 
F.  Graham,  Will  George,  A.  "E.  Haden,  C. 
J.  Heyler,  J.  B.  Holly,  W.  B.  Hobson,  Thad 
Hobson,  A.  P.  Hill,  M.  C.  Hall,  S.  O.  Hough- 
ton, D.  Hanna,  L.  Hartman,  H.  Hart,  A.  C. 
Ingalsby,  Ed  Jobson,  Stanley  Kelly,  L.  F. 
Kullak,  John  Cahill,  M.  Loryea,  Andrew  Len- 
drum,  W.  W.  Leghorn,  Dr.  F.  K.  Ledyard, 
John  McMahon,  Charles  Moody,  C.  J.  Mar- 
tin, J.  H.  Maddox,  John  McCauley,  A.  McAfee, 
Louis  Montgomery,  Howell  Moore,  W.  S.  Mc- 
Murtry,  L.  G.  Nesmith,  W.  S.  Osterman,  J.  B. 
O'Brien,  S.  Oberdeener,  A.  Price,  F.  Ffister, 
R.  Pierce,  J.  H.  Pierce,  Sam  Rucker,  John 
Ryland,  F.  K.  Ryland,  J.  R.  Ryland,  Ed  Sned- 
aker,  Dr.  W.  Simpson,  Fred  Stern,  Ed.  Snell, 
Sam  E.  Smith,  W.  Selby,  S.  Stone,  John  TuUy, 
A.  B.  McNeil,  J.  C.  Travis,  F.  W.  Thompson, 
H.  P.  Thayer,  A.  K.  Whitton,  Henry  Willey, 
•  Charles  Williams,  H.  Ward  Wright,  j.  Wheel- 
er, C.  A.  Youngberg,  E.  D.  Young,  Ed  Young- 
er, R.  Smith,  and  F.  Zuver. 

"About  fifteen  years  ago  the  beautiful  Hotel 
Vendome  was  opened  with  a  ball  in  which 
the  cream  of  San  Jose  and  San  Francisco  so- 
ciety gathered  and  celebrated.  The  commit- 
tee included  Dr.'  W.  S.  Thorne,  Hon.  F.  E. 
Spencer,  Hon.  B.  D.  iMurphy,  Charles  M. 
Shortridge,  E.  W.  Clayton,  A.  K.  Whitton, 
E.  W.  Newhall,  Dr.  A.  H.  Voorhies,  and  A. 
C.  Bassett.  The  floor  committee  had  as  mem- 
bers, E.  C.  Flagg,  W.  S.  Clayton,  R.  B.  Spence, 
James  T.  Rucker,  James  D.  Phelan  and  Capt. 
Burdick. 

"A  large  and  brilliant  party  was  given  by 
Hon.  and  Mrs.  B.  D.  Murphy  to  introduce 
their  daugher.  Miss  Mary,  now  Mrs.  Ward 
Wright,  into  society.  The  interior  of  the 
Murphy  home  on  South  Third  street  was 
decorated  with  the  rarest  of  flowers,  inter- 
mingled with  ribbons  and  smilax.  The  guests 
included  all  the  young  society  people  here 
and  many  from  San  Francisco. 

Distinguished  Visitors 

"Among  the  notable  social  functions  that 
have  taken  place  here  was  the  reception  on 
the  evening  of  May  13,  1901,  in  honor  of  Pre- 
sident and  Mrs.  William  McKinley  and  the 
members  of  the  Cabinet.  The  Vendome 
Hotel  never  looked  grander  than  in  its  decora- 
tion of  banners,  bunting  flags,  and  electric 
lights  on  the  exterior,  and  blossoms,  shrubs, 
and  palms,  in  the  interior.  The  reception 
committee  was  composed  of  Hon.  Charles  J. 
Martin,  mayor  of  this  city,  Hon.  William  G. 
Lorigan,  Jackson  Hatch,  Hon.  A.  L.  Rhodes, 
Dr.  H.  C.  Brown,  Hon.  M.  H.  Hyland,  S.  F. 
Leib,  O.  A.  Hale,  James  D.  Miner,  J.  H. 
Henry,  Major  William  G.  Hawley,  Dr.  J.  W. 
Davy,  Hon.  Delos  C.  Druffle,  W.  C.  Andrews, 


Ernest  Lion,  William  A.  Beasley,  Alfred  Hol- 
man,  H.  R.  Chesbro,  Charles  W.  Williams, 
J.  O.  Hayes,  David  Henderson,  Mrs.  Charles 
Martin,  Mrs.  Adolph  Greeninger,  Mrs.  Jack- 
son Hatch,  Mrs.  D.  Goodsell,  Mrs.  Henry 
Lion,  Mrs.  A.  FI.  Jarman,  Mrs.  S.  F.  Leib, 
Mrs.  J.  R.  Carroll,  Mrs.  Nicholas  Bowden, 
Mrs.  W.  P.  Dougherty,  Mrs.  George  M.  Bow- 
man, Miss  Belle  Mackenzie,  Mrs.  H.  S.  Foote, 
Mrs.  Nellie  G.  Arques,  Miss  Winifred  Mc- 
I^aughlin,  Mrs.  Ralph  Hersey,  Mrs.  Henry 
Booksin,  Sr.,  Mrs.  A.  H.  Marten,  Miss  Es- 
telle  Lion,  and  Mrs.  R.  Hersey.  The  recep- 
tion was  held  in  the  south  parlors.  Secretary 
Hays  acted  as  the  representative  of  the  Pre- 
sident, so  unexpectedly  absent  on  account  of 
the  illness  of  Mrs.  McKinley,  and  he  was  as- 
sisted by  Postmaster-General  Smith  and  Sec- 
retaries Long,  Hitchcock,  and  Wilson. 

"Another  social  event  was  when  Governor 
Nash  of  Ohio  and  the  Congressional  party  of 
the  same  state  were  entertained  on  the  twelfth, 
thirteenth,  and  fourteenth  of  May,  1901.  First 
was  given  an  Italian  breakfast  by  E.  E.  Good- 
rich at  his  famous  Quito  Olive  Ranch,  when 
among  the  Santa  Clara  gentlemen  present 
were:  F.  C.  Ensign,  C.  M.  Wooster,  W.  S. 
Clavton,  Hon.  M.  H.  Hyand,  J.  R.  Lewis,  E. 
McGuiness,  Rev.  H.  Melville  Tenney,  Chief  of 
Police  James  Kidward,  and  F.  W.  Crandall ; 
later  at  an  informal  reception  at  the  Court 
House,  when  upwards  of  eight  hundred 
people  called  to  bid  the  distinguished  guests 
welcome ;  and  lastly  at  a  dinner  to  the  Gover- 
nor and  party  by  Rlr.  and  Mrs.  S.  F.  Leib  at 
their  home  on  the  Alameda. 

"It  has  been  the  proud  privilege  of  San 
Joseans  at  different  times  to  welcome  within 
the  gates  of  their  city  the  Chief  Executives  of 
the  nation,  among  them  being  Hayes,  Grant, 
Harrison,  McKinley,  and  Roosevelt.  The 
last  named  President  visited  this  valley  on 
May  12,  1903.  It  was  an  ideal  spring  day; 
the  weather  warm  and  clear ;  the  flowers,  the 
fields,  and  the  orchards  looked  their  loveliest. 
Multitudes  gathered  to  see  and  greet  their 
Chief,  who  made  several  stops  within  the 
boundaries  of  the  county,  and  at  each  place  re- 
ceived a  generous  California  welcome.  The 
first  was  at  Gilroy,  where  he  made  a  short 
address,  and  the  next  was  at  San  Jose.  After 
addressing  the  thousands  of  men,  women,  and 
children  assembled  around  the  platform  which 
had  been  erected  for  the  occasiou,  and  fitting- 
ly decorated  with  bunting,  palms  and  flowers, 
he  went  for  a  drive,  accompanied  by  a  mount- 
ed escort  of  citizens,  who  included  Clem  R. 
Arques,  Ralph  W.  Hersey,  Sheriff  R.  J.  Lang- 
ford,  J.  D.  Radford,  M.  E.  Dailey,  Leo  Archer, 
Colonel  A.  K.  Whitton,  Thomas  McGeog- 
hegan,   R.   R.   Syer,   Arthur   Langford,  J.   W. 


HISTORY   OF   SANTA   CLARA   COUNTY 


101 


Gilkyson,  W.  S.  Clayton,  Joseph  H.  Rucker, 
William  A.  Bowden,  C.  H.  Geldcrt,  Henry 
Lion,  and  C.  T.  Crothers.  Besides  these  there 
were  a  large  number  of  carriages  containing 
the  members  of  the  President's  part)^  the 
reception  committee,  and  the  newspaper  re- 
presentatives. The  route  was  along  the  beau- 
tiful and  well  kept  roads,  and  many  were  the 
pleasing-  incidents  that  occurred  to  heighten 
the  pleasure  of  the  distinguished  guest.  On 
Santa  Clara  Street  the  ruler  of  the  United 
States  halted  to  greet  the  pupils  of  Notre 
Dame  College,  who  were  stationed  on  the 
sidewalk,  and  to  accept  a  bunch  of  magnifi- 
cent rosebuds  presented  on  behalf  of  the 
school  by  one  of  San  Jose's  prettiest  girls, 
jMiss  Bertrand  Cauhape,  daughter  of  Mr.  and 
Mrs.  Victor  Cauhape.  After  passing  along  the 
famed  Alameda,  he  was  warmly  greeted  in 
Santa  Clara  by  Rev.  Robert  E.  Kenna,  presi- 
dent of  Santa  Clara  College,  who  with  the 
faculty  and  students  of  this  historic  seat  of 
learning,  had  gathered  in  front  of  the  grand 
old  mission  cross,  while  hundreds  of  school 
children  were  congregated  near  by. 

"The  Committee  that  so  successfully  plan- 
ned and  carried  out  the  program  which  made 
the  sojourn  of  the  President  so  pleasant  in- 
cluded :  Judge  A.   L.   Rhodes,  A.  Greeninger, 


Major  C.  P.  Braslan,  James  R.  Lowe,  J.  vS. 
Gage,  C.  W.  Coe,  J.  W.  Davy,  H.  Morton,  J. 
E.  Richards,  A.  H.  Marten,  Dr.  Wm.  Simp- 
son, L  Loeb,  H.  Center,  Geo.  W.  Ryder,  R.  P. 
Keesling,  S.  Sampson,  W.  L.  Woodrow,  C.  J. 
Cornell,  T.  A.  Carroll,  Gus  Lion,  John 
O'Keefe,  L.  E.  Bontz,  J.  C.  Hall,  W.  S.  Rich- 
ards, H.  J.  Edwards,  G.  Peirano,  yS.  N.  Rucker, 
Rev.  H.  C.  Meredith,  T.  S.  Montgomery,  John 
Corrotto,  Frank  Stock,  J.  A.  Chase,  Father 
Gleason,  A.  P.  Lepesh,  W.  E.  Graham,  Paul 
Masson,  George  B.  McKee,  D.  J.  Gairaud,  ]. 
R.  Welch,  T.  J.  Stone,  J.  A.  Belloh,  Sr.,  DV. 
A.  M.  Barker,  Colonel  Philo  Hersey,  T.  J. 
Riley,  H.  Doerr,  Jackson  Hatch,  W.  C.  An- 
drews, Sam  Boring,  A.  S.  Bacon,  W.  H.  Jen- 
kines,  W.  G.  Alexander,  E.  J.  Bennett,  S.  B. 
Hunkins,  J.  E.  Brooke,  George  Keffel,  A.  E. 
Shumate,  Edgar  Pomeroy,  W.  P.  Lyon,  A.  C. 
Hubbard,  J.  H.  Henrv,  Avery  Porter,  Dr.  H. 
J.  B.  Wright,  J.  H.  Campbell,  H.  Peckham, 
Patrick  Murray,  L  T-  Cherrie,  George  N.  Her- 
bert, Charles  Kenyon,  T.  C.  Barnett,  T.  W. 
Hobson,  F.  W.  Moore,  and  J.  R.  Patton.  The 
next  da}r  the  presidential  party  was  given  a 
right  royal  greeting  by  President  David  Starr 
Jordan  at  the  Leland  Stanford  Jr.  University, 
and  by  the  students  and  residents  of  Palo  Alto 
and  Mayfield." 


CHAPTER   VII. 

Passing  of  the  Old  Landmarks  of  San  Jose — The  Fair  Grounds,  Live  Oak 
Park  and  Prevost's  Gardens — Stories  of  the  Old  Court  House  and  the 
County  Jail — Crimes  and  Tragedies  of  Those  Days — Naglee,  Hensley 
and  Belden  Residences. 


The  old  landmarks  of  San  Jose  are  fast  dis- 
appearing. There  are  few,  very  few,  of  the  old 
adobe  houses  of  the  '50s,  '60s  and  70s.  The 
old  pleasure  resorts  are  gone,  but  in  their 
places  are  spots  better  adapted  to  the  large 
and  rapidly  growing  population  of  the  twen- 
tieth century.  For  years  Agricultural  Park, 
or  the  Fair  Grounds,  furnished  entertainment 
for  the  farmer  and  the  lover  of  speed  perform- 
ance. It  was  here  that  General  Grant,  after 
his  trip  around  the  world,  was  treated  to  a 
running  race  against  time  by  Occident,  then 
the  property  of  Senator  Leland  Stanford.  The 
park  was  owned  and  managed  by  an  agricul- 
tural society  organized  in  1854.  The  first  of- 
ficers were:  L.  H.  Bascom,  president;  J.  F. 
Kennedy,  vice-president;  E.  P.  Reed,  record- 
ing secretary;  W.  S.  Letcher,  corresponding 
secretary;  F.   G.  Appleton,   treasurer;  and  J. 


B.  Allen,  ]\Ir.  Frost,  James  Houston,  Joseph 
Aram,  \^^  R.  Bassham,  Dr.  Langborne  and 
Samuel  Robinson,  managers.  No  fair  w'as 
held  by  this  society,  Ijut  in  1856  the  State  Ag- 
ricultural Fair  gave  an  exhibition,  at  which 
Santa  Clara  County  carried  off  the  honors. 
Prior  to  establishing  the  Agricultural  Society 
a  horticultural  societ}^  had  been  formed  and 
the  two  interests  were  united  in  1857  with  the 
election  of  the  following  oflicers :  president, 
William  Daniels :  vice-presidents,  Coleman 
Younger  and  Joseph  Aram ;  secretary,  J.  C. 
Cobb ;  treasurer,  R.  G.  Moody ;  directors,  L. 
A.  Gould  and  Louis  Prevost.  A  fair  was  held 
in  September  and  also  one  in  1858,  but  the 
difficulties  attending  these  exhibitions  made 
it  evident  that  they  could  not  be  continued 
under  the  then  system  of  management.  The 
society  had  no  funds,  l^ut  was  obliged  to  rely 


102 


HISTORY   OF   SANTA   CLARA   COUNTY 


on  voluntary  contril)uti(}ns  for  its  premium 
lists.  After  much  discussion  it  was  resolved 
to  disincorporate.  This  action  was  taken  and 
in  March,  1859,  there  was  procured  the  pas- 
sage of  an  act  incorporating  the  organization 
under  the  name  of  the  "Santa  Clara  \^alley 
Agricultural  Society"  and  from  this  date  ran 
its  legitimate  history.  The  first  officers  under 
the  charter  were  William  Daniels,  president; 
Cary  Peebels  and  Coleman  Younger,  vice-pre- 
sidents ;  C.  B.  Younger,  secretary:  R.  G. 
Moody,  treasurer;  Louis  Prevost  and  H.  H. 
AVinchell,  directors. 

The  Fair  Grounds  on  the  Alameda  were 
purchased  from  Gen.  H.'M.  Naglee,  for  $6,000 
in  1859  and  the  work  of  improvement  com- 
menced. The  tract  contained  seventy-six 
acres.  Trees  were  planted  from  1872  to  1876 
and  the  grand  stand  was  erected  in  1878.  Now 
all  was  serene.  The  society  held  yearly  fairs, 
paid  expenses  and  the  best  horses  on  the 
coast  competed  at  each  exhibition.  LTp  to 
1880,  the  Society  drew  an  annual  appropria- 
tion of  $2,000  from  the  state.  In  this  year 
the  Legislature  passed  an  act  dividing  the 
state  into  agricultural  districts,  Santa  Clara 
and  San  IMateo  counties  forming  District  No. 
5.  When  this  law  went  into  effect  it  stopped 
all  state  aids  to  the  county  society.  This 
aid  was  absolutely  necessary  as  the  proceeds 
of  a  fair  would  not  be  sufficient  to  pay  good 
premiums  and  other   necessary  expenses. 

The  society  did  not  want  to  change  its  old 
organization  to  one  under  the  state  law,  for 
it  might  jeopardize  the  title  to  its  real  estate, 
which  had  become  very  valuable.  The  only 
way  out  of  the  difficulty  seemed  to  be  to  or- 
ganize a  new  society  under  the  state  law  and 
arrange  with  the  old  society  for  the  use  of  its 
grounds.  This  was  accordingly  done  and  for 
several  years  fairs  were  held  under  the  aus- 
pices of  the  Santa  Clara  and  San  Mateo  Agri- 
cultural Association.  The  new  society  was 
formed  from  members  of  the  old  one.  But 
soon  fair  interest  waned  and  debts  began  to 
accumulate.  Finally  the  directors  of  the  old 
society  sold  the  grounds  and  Agricultural 
Park  ceased  to  be.  In  the  hands  of  private 
parties  the  place  was  made  one  of  the  most 
attractive  in  the  county.  Fences  were  torn 
down,  buildings  were  removed,  and  streets 
were  laid  out  and  paved.  Then  l)uilding  lots 
were  sold  and  today  the  tract  shows  scores 
and  scores  of  pretty  l>ungalows  A\'ith  streets 
and  sidewalks  in  keeping  with  the  highest 
metropolitan  requirements.  Not  a  trace  of 
the  old  racing  track  remrLins. 

Live  Oak  Park  and  Prevost's  Gardens 

In  1919  the  last  vestige  of  adornment  of 
what  was  once  vSan  Jose's  most  popular  plea- 


sure resort  disappeared.  The  last  live  oak 
tree  in  the  unimproved  section  of  old  Live 
Oak  Park  was  leveled  and  nothing  but  an  ar- 
ray of  unsightly  stumps  remain  to  show  that 
once  upon  a  time  great,  many-branched  and 
spreading  oaks  furnished  shade  and  beauty  to 
one  of  the  pride  spots  of  the  Garden  City. 
Live  Oak  in  its  glory  was  a  place  of  romance. 
Here,  on  moonlit  nights  of  the  early  period, 
were  heard  the  soothing  strains  of  the  Span- 
ish lover  as  he  sang  and  played  while  his 
dark-eyed  sweetheart  raptly  listened  and  soft- 
ly sighed.  Here,  at  picnic  and  dance,  the 
bands  played  and  the  great  platform  quivered 
beneath  the  feet  of  happy  dancers.  No  rag- 
time, no  jazz  music  in  those  times.  Instead 
there  were  the  old  time  mazurka,  varso- 
vienne,  schottische,  waltz,  lancers,  money 
musk  and  plain  quadrille,  the  last  named  given 
laughable  variety  by  the  go-as-you-please  an- 
tics of  the  irre])ressi1)le  "Tucker." 

In  the  late  '60s  and  throughout  the  seven- 
ties Live  Oak  was  in  the  flower  of  popularity. 
Familv  picnics,  moonlight  dances,  and  outside 
excursions,  mainly  from  San  Francisco,  fur- 
nished joyous  divertissement  for  town  and 
country.  There  were  tables  for  eating,  a 
large  pool  near  the  banks  of  the  Guadalupe  for 
boating  and  other  aquatic  sports,  ice  cream 
and  other  booths,  and  long,  shady  walks 
among  the  giant  trees  and  along  the  banks 
of  the  peaceful  arroyo.  Don  Antonio  Sunol, 
one  of  the  early  Spanish  settlers,  was  the 
owner  of  the  park  and  after  his  death  the 
Sainsevains  took  charge  of  the  property.  One 
of  Don  Antonio's  grandsons  is  Paul  Sainse- 
vain,  the  -well-known  surveyor  and  civil  en- 
gineer. 

The  park,  as  originally  used,  extended  on 
the  north  side  from  the  Park  Avenue  bridge 
to  Spencer  Avenue  and  along  Spencer  Avenue, 
fifty  varas  deep  to  within  137^/2  feet  of  San 
Carlos  Street.  On  the  east  the  property  ran 
southerly  about  300  feet.  The  creek  was  the 
eastern  boundary  and  south  and  east  of  the 
park  were  the  extensive  grounds  of  Louis  Pre- 
A'ost.  He  was  an  enthusiastic  gardener  and 
to  make  his  place  the  most  attractive  spot  in 
the  suburbs  of  San  Jose,  he  imported  from 
Europe  the  choicest  flowers,  iDushes  and  fruit 
and  ornamental  trees.  The  place  was  known 
as  Prevost's  Gardens  and  was  open  to  the  pub- 
lic, while  for  years  Prevost  kept  open  house 
in  the  large  mansion  in  the  middle  of  the  gar- 
dens. About  forty  years  ago  Prevost  went 
into  l)ankruptcy  and  his  property  was  sold  by 
the  Sheriff,  Robert  Page,  then  of  the  real  es- 
tate firm  of  Rucker  &  Page,  becoming  the 
owner  of  the  mansion.  A  few  j-ears  later  it 
was  sold  to  A.  S.  Williams,  former  Ijanker, 
who  still  occupies  it. 


HISTORY  OF  SANTA  CLARA  COUNTY 


103 


Prevost  lost  considerable  money  in  at- 
tempting: to  successfully  establish  a  silk  fac- 
tory. He  was  the  pioneer  of  Central  Califor- 
nia in  this  industry  and  while  the  factory  was 
in  operation  products  of  his  looms  were  ex- 
hibited and  took  prizes  at  the  county  fairs. 
The  factory  was  located  on  Delmas  Avenue 
near  San  Salvador  Street,  but  the  cocoons 
were  raised  on  a  platform  above  the  roof  of 
his  mansion.  The  silk  worms  were  imported 
and  fed  on  mulberry  leaves.  Live  Oak  Park 
and  its  attractive  neighbor,  Prevost's  Garden, 
were  closed  at  about  the  same  time.  Now, 
where  once  live  oaks  flourished  and  choice 
flowers  and  shrubbery  made  beautiful  over 
seven  acres  of  ground,  are  seen  up-to-date  re- 
sidences and  new  streets. 

The  old  Court  House  is  now  but  a  memory. 
It  stood  at  the  southeast  corner  of  Second 
and  San  Fernando  Streets.  It  was  purchased 
from  A.  S.  Caldwell  for  $4,000  and  in  Decem- 
ber, 1853,  was  officially  declared  to  be  the 
County  Court  House.  The  building  was  af- 
terwards known  as  the  What  Cheer  House 
and  stood  until  about  forty  years  ago  when  it 
was  torn  down  to  make  room  for  the  two- 
story  brick  building  now  occupied  by  the  Geo. 
B.  McKee  Company. 

One  of  the  sensational  events  of  the  early 
days  was  the  street  duel  between  Thomas 
Shore  and  S.  J.  Crosby.  In  1858  Paul  Shore 
was  killed  on  Henry  W.  Scale's  ranch,  a  short 
distance  from  Mayfield.  He  had  squatted  on 
a  portion  of  the  ranch  land  and  thereon  had 
erected  a  cabin.  Thomas  Scale,  Henry's 
brother,  believing  that  Shore  had  no  legal 
right  to  occupy  the  land,  resolved  to  eject  him. 
One  day  he  went  to  Shore's  cabin  for  the 
purpose  of  carrying  out  his  resolve.  He  was 
accompanied  by  Alexander  Robb,  a  hired  man. 
Shore  was  at  home  and  a  wordy  dispute  arose 
between  the  two  men.  While  it  was  going  on 
S.  J.  Crosby,  a  neighbor,  and  a  friend  of  Scale, 
came  up.  He  had  borrowed  a  pistol  from 
Scale  some  time  before  and  had  hunted  up 
Scale,  so  he  said,  for  the  purpose  jf  returning 
the  weapon.  Scale  took  the  pistol  and  in  the 
altercation  that  ensued  Shore  was  shot  and 
mortally  wounded.  The  report  was  after- 
ward circulated  that  Crosby,  who  had  wit- 
nessed the  shooting,  had  set  Scale's  dog  on  the 
wounded  man  and  had  stood  by  urging  the 
dog  on  until  Shore  had  ceased  to  breathe. 
This  report  aroused  a  bitter  feeling  against 
Crosby.  That  evening  Thomas  Scale  came  to 
San  Jose  and  delivered  himself  into  the  custody 
of  Sheriff  John  M.  Murphy,  stating  that  he 
had  killed  a  man  in  self-defense  and  desired  a 
public  investigation.  The  next  day  word 
came  from  Mayfield  that  the  settlers  were  lay- 
ing plans  to  lynch  Crosby.     To  prevent  such 


action  Under-Sheriff  John  R.  Wilson  was  in- 
structed to  go  down  to  Mayfield,  arrest  Cros-  ' 
by  and  bring  him  to  the  County  Jail.  To  le- 
galize the  proceeding  a  complaint  charging 
Crosby  with  being  an  accessory  to  the  killing 
of  Shore  was  made  out  and  placed  in  Wilson's 
hand.  The  arrest  was  easily  made.  A  prelim- 
inary examination  followed  and  Crosby  was 
discharged. 

In  March,  1859,  Thomas  Scale  and  Robb, 
the  hired  man,  were  placed  on  trial  in  the 
Third  District  Court,  Judge  Sam  Bell  McKee 
presiding.  J.  A.  Moultrie,  as  district  attorney, 
conducted  the  prosecution  and  AVilliam  T. 
Wallace  and  C.  T.  Ryland  appeared  for  the 
defendants.  Crosby  had  been  summoned  as  a 
witness  and  it  was  while  the  case  was  before 
the  Court  on  Second  Street,  corner  of  San  Fer- 
nando, that  the  second'  tragedy  was  staged. 
It  was  near  the  noon  hour  and  Crosby  was 
walking  by  Thomas  Bodley's  stable  on  San 
Fernando  Street,  between  First  and  Second, 
when  he  was  hailed  from  behind  by  Thomas 
Shore,  the  brother  of  Paul.  Crosby  turned 
and  the  duel  opened.  At  the  opening  of  the 
engagement  Crosby  received  a  mortal  wound, 
but  for  a  few  minutes  was  able  to  keep  on  his 
feet  and  use  his  pistol.  His  firing  was  wild 
and  none  of  the  bullets  reached  his  adversary. 
But  one  man,  an  innocent  party,  received  his 
death  wound.  The  man  was  L.  Posey  Fer- 
guson, a  miner  from  Grass  Valley,  who  had 
come  to  San  Jose  with  a  friend  who  was  on 
his  way  to  his  Missouri  home.  Ferguson  had 
entered  the  court  room  to  listen  to  the  pro- 
ceedings. When  the  duel  outside  opened,  he 
said:  "What  does  that  mean?"  and  rushed 
for  the  door.  He  was  standing  on  the  steps 
when  a  bullet  entered  his  breast.  He  stepped 
back  a  few  paces,  then  sank  on  a  bench  and 
died  in  a  short  time.  The  coroner's  jury  found 
that  the  shot  had  been  fired  by  Samuel  J. 
Crosby. 

When  Crosby  saw  that  he  %vas  at  a  disad- 
vantage, he  staggered  toward  the  Court 
House,  but  fell  at  Bodley's  gate.  It  was  ' 
claimed  at  the  time  that  two  or  three  persons, 
as  well  as  Shore,  shot  at  Crosb)^,  who  was  on 
his  knees,  trying  to  cock  his  pistol,  when  there 
came  the  bullet  that  ended  his  life.  The  duel 
over,  Thomas  Shore  mounted  a  horse  and  fled 
to  the  mountains.  He  was  never  prosecuted 
for  the  killing.  The  cases  of  Scale  and  Robb 
were  transferred  to  Alameda.  In  each  case  a 
verdict  of  acquittal  was  rendered. 

Another  old  landmark  that  has  disappeared 
was  the  county  jail,  located  at  the  southeast 
corner  of  Third  and  San  Fernando  Streets, 
not  far  from  the  Court  House.  The  first 
county  jail  was  located  on  the  lot  occupied  by 
the  old  State  House  on  Market  Street,  fronting 


104 


HISTORY  OF  SANTA  CLARA   COUNTY 


the  Plaza,  and  was  erected  in  the  da3's  of  '49. 
In  1854  a  contract  was  awarded  to  Marcus 
AVilliams  for  the  erection  of  a  jail  buildino^  at 
the  southeast  corner  of  Second  and  San  Fer- 
nando Streets.  The  price  was  to  be  $15,000 
and  R.  B.  Buckner  was  appointed  to  superin- 
tend the  construction.  The  jail  was  complet- 
ed Januar}'  2,  1855.  It  was  of  brick,  with  iron 
cells,  and  was  considered  a  remarkably  secure 
place  for  the  confinement  of  prisoners.  It  was 
used  until  1871.  When  the  new  Court  House 
on  First  Street,  near  St.  James,  was  built,  it 
was  found  necessary  to  have  the  county  jail 
nearer  to  the  court  rooms  and  Levi  Goodrich 
was  directed  to  prepare  plans  and  specifica- 
tions. The  plans  were  submitted  and  adopted 
and  during  the  next  )-ear  ( 1870)  the  jail  was 
completed  and  in  use.  The  brick  of  the  old 
jail  was  used  in  the  new  building.  The  old 
jail  lot  was  sold  for  $5,850. 

The  killing  of  Jailer  Martin  Roohan  at  the 
old  jail  was  preceded  by  a  tragedy  at  the 
adobe  house  of  Harry  Bee.  The  date  Avas 
Mondaj',  July  30,  I860,  at  about  four  o'clock 
in  the  morning.  There  had  been  a  night  of 
festivity  and  during  the  merrymaking  Felipe 
Hernandez,  a  desperate  character,  who  had 
already  been  tried  for  one  murder  and  though 
convicted  by  one  jury  was  on  a  second  trial 
found  not  guilty,  entered  and  proceeded  to 
make  trouble.  In  a  dispute  over  the  owner- 
ship of  a  guitar,  Hernandez  shot  and  killed 
John  Bee,  the  son  of  the  host.  On  hearing 
the  report  of  a  pistol  Harry  Bee  rushed  into 
the  room  and  in  tr3dng  to  intercept  the  flight 
of  Hernandez  was  shot  in  the  leg.  Amputa- 
tion was  afterward  performed.  Hernandez  es- 
caped, but  after  srnne  months  was  captured, 
tried  and  sentenced  to  death.  The  account  of 
the  murder  of  Roohan  is  taken  from  the 
Mercury  of  October  2,  1862. 

"Felipe  Hernandez,  a  prison  confined  in  the 
count}'  jail  for  murder  and  sentenced  to  be 
hanged  on  Friday  last  (Oct.  24th),  performed 
on  the  preceding  evening  one  of  the  most  dar- 
"  ing  deeds  of  desperation  that  it  Tias  ever  fallen 
to  our  lot  to  reciird.  Felipe  is  a  native  Mexi- 
can, about  thirty  years  of  age,  rather  fine  look- 
ing, with  a  keen,  piercing  eye.  He  is  about 
five  feet  eight  inches  in  height,  weighing  not 
more  than  150  pounds,  but  evidently  possess- 
ing the  strength  and  agility  of  a  tiger.  The 
jailer,  Martin  J.  Roohan,  was  a  large,  power- 
fully built  man,  sixty-three  years  of  age,  pos- 
sessing immense  strength  and  cool,  unflinch- 
ing courage.  He  had  had  much  exjjerience  in 
handling  and  managing  desperadoes  and  had 
unlimited  confidence  in  his  ability  and  nerve 
for  any  emergenc}'. 

"On  the  lower  floor  of  the  jail  there  are 
three   large   cells,   opening   into  a   corridor   or 


hall,  al^out  six  feet  in  width  and  perhaps  thirty 
feet  in  length.  The  middle  cell,  in  which 
Felipe  was  confined,  is  lined  with  boiler  iron 
and  is  otherwise  made  as  secure  as  is  deemed 
necessary  to  restrain  the  hardest  cases.  It  is 
used  exclusivelv  for  condemned  prisoners  or 
such  as  are  awaiting  trial  for  capital  offenses. 
This  cell  Felipe  occupied  alone. 

"On  Friday  morning  (the  24th)  while  the 
sheriff  was  in  our  office  attending  to  some 
business,  his  deputy,  Mr.  Chapman,  came  in 
and  informed  him  that  he  was  unable  to  get 
into  the  jail  and  wondered  what  had  become 
of  Roohan.  Suspecting  that  soniething  was 
wrong,  in  company  with  the  sheriff  and  two 
or  three  officers,  we  repaired  immediately  to 
the  jail  yard  and  soon  effected  an  entrance. 
The  outer  door  of  the  jail  was  closed,  but  not 
locked.  The  door  leading  to  the  corridor 
we  found  open.  On  passing  through  into  the 
corridor  we  discovered  the  jailer  lying  on  the 
floor,  stiff  in  death,  surrounded  by  all  the 
ghastly  evidences  of  a  terrible  struggle. 

"In  the  other  cells  there  were  a  number  of 
prisoners  confined  for  light  offenses,  some 
half  a  dozen  in  each.  The  doors  of  the  cells 
are  latticed  with  iron  bars,  and  whatever  is 
transpiring  in  the  corridor,  may  be  witnessed 
by  the  prisoners  within.  Roohan  usually  had 
some  one  of  the  prisoners  to  assist  him  in 
the  domestic  duties  of  the  jail.  At  three 
o'clock  on  Thursday  afternoon,  as  we  learn 
from  the  testimony  of  the  prisoners  at  the 
coroner's  inquest,  the  jailer  and  his  assistant 
brought  in  the  dinner  and  placed  it  on  the 
floor  of  the  corridor  near  the  cells.  It  was 
the  custom  to  feed  Felipe  first.  Mr.  Roohan 
unlocked  the  door  and  bade  his  _:ttendant  to 
pass  in  the  food.  The  attendant  passed  into 
the  cell.  Felipe,  who  had  freed  his  hands  in 
Slime  way,  with  the  quickness  of  thought 
dashed  the  man  aside,  sprang  upon  and  seized 
Roohan  by  the  body,  at  the  same  time  getting 
possession  of  a  knife  which  the  jailer  wore  in 
a  lielt  at  his  waist.  Then  commenced  the  fear- 
ful death  struggle,  in  the  presence  of  the  other 
prisoners,  who  were  unable  to  icnder  either 
party  the  least  assistance.  The  waiter,  who 
is  an  iinbecile  old  Mexican,  shrank  with  ter- 
ror to  the  end  of  the  corridor.  The  jailer  car- 
ried a  revoh-er  at  his  belt,  but  Felipe  hugged 
him  so  closely  that  he  was  unable  to  get  at 
it.  There  A'i'ere  riveted  upon  the  ankles  of 
the  prisoner  at  the  time  immense  iron 
shackles,  weighing  one  hundred  pounds,  and 
yet  the  other  prisoners  testify,  they  seemed  of 
n(j  weight  to  him.  He  had  wound  them  with 
cloth  and  strap]X'd  them  to  his  limbs  in  a 
way  as  to  be  of  as  little  inc<in\enience  as  pos- 
silde.  AA'ith  a  knife  in  one  hand  at  libertj^  and 
with  the  other  firmly  grasping  the  body  of  his 


HISTORY  OF   SANTA   CLARA   COUNTY 


105 


Aictim,  he  A\as  a  match  for  anvthiny;  human. 
He  apphed  the  knife  lirst  to  the  throat  of  his 
victim,  inflicting  frightful  wounds.  This 
brought  Roohan  to  his  knees.  Struggling  to 
his  feet  he  put  forth  every  eft'ort  to  overpower 
his  wily  foe.  But  weakened  by  the  blows  al- 
ready inflicted  he  was  unequal  to  the  task. 
Felipe  then  stabbed  him  through  the  heart 
and  into  the  lungs,  killing  him  instantly. 
He  then  informed  the  other  prisoners,  not 
one  of  whom  was  armed,  that  if  they  gave 
any  alarm  they  would  share  Roohan's  "fate, 
and  they  knew  he  would  keep  his  pro- 
mise. The  prisoners  say  he  appeared  per- 
fectly cool,  both  at  the  time  of  the  mur- 
der and  afterwards.  With  the  keys  in  his 
possession,  he  now  had  command  of  the  jail. 
Unlocking  one  of  the  cells,  in  which  there 
were  five  men,  he  thrust  in  the  trembling- 
Mexican  waiter  and  again  locked  the  door. 
Among  the  prisoners  in  this  cell  was  a  Chileno 
in  irons,  who  had  been  imprisoned  the  day  be- 
fore for  stabbing  a  man  at  New  Alameda. 
Felipe,  after  working  half  an  hour,  removed 
the  irons  and  released  the  man,  and  they  both 
together  went  into  Roohan's  private  room, 
where  they  found  files  and  old  chisels  neces- 
sary for  their  purpose.  The  task  was  a  long 
and  arduous  one.  The  heavy  shackles  spoken 
of  were  secured  to  the  ankles  with  half-inch 
bolts,  riveted  in  the  most  substantial  manner. 
The  witnesses  testify  that  it  must  have  been 
two  o'clock  in  the  morning  when  the  filing 
and  hammering  ceased.  The  desperadoes 
then  made  their  escape,  taking  with  them  two 
revolvers  and  over  $800,  which  Roohan  was 
known  to  have  had  in  his  possession." 

Felipe  was  a  desperate,  bloody  minded  man. 
He  had  been  several  times  tried  for  capital 
crimes ;  once  for  the  killing  of  Carobine  at 
Alviso,  for  which  he  received  a  sentence  to 
state  prison  for  life,  but  was  pardoned  out  by 
Governor  Weller.  When  sentenced  to  be 
hanged  for  the  murder  of  John  Bee  he  mani- 
fested supreme  unconcern.  But  later  he 
changed  his  tactics,  successfully  playing  the 
penitent.  The  jailer  frequenly  found  him  on 
his  knees,  praying,  and  it  was  with  difficulty 
that  he  was  induced  to  partake  of  food.  His 
cross  was  alwa3'S  before  him  and  he  prayed 
with  a  perseverance  that  would  have  done  cre- 
dit to  a  saint.  B}-  this  means  he  threw  Roo- 
han off  his  guard.  AVhen  the  sherifif  suggest- 
ed the  propriety  of  having  some  one  stajr 
with  him  on  the  night  preceding  the  execu- 
tion, Roohan  declared  that  there  was  not  the 
slightest  necessity  for  such  a  precaution — all 
was  serene  and  Felipe  was  as  gentle  as  a  kit- 
ten. As  soon  as  the  facts  in  the  case  became 
known  to  Sheriff  Kennedy,  every  exertion  to 
effect  the  capture  of  the  murderer  was  made 


and  a  large  reward  Avas  offered.  It  was  after- 
ward reported  that  Felipe  escaped  to  Mexicf) 
where  he  joined  a  party  of  revolutionists  and 
that  on  lieing  ca|)tured  he  was  shot  and 
killed. 

Another  escape  from  the  old  county  jail 
took  place  in  186.^.  A  stage-driver  named 
John  Marr,  alias  "Wild  Cat,"  had  an  alterca- 
tion with  anotjier  driver,  a  Frenchman  named 
Peter  Veuve,  at  the  Washington  Hotel,  on 
Market  Street,  on  the  morning  of  Tuesday, 
Novemljer  18,  1862,  which  resulted  in  the 
death  of  'Veuve.  It  appeared  from  the  testi- 
mony that  an  old  grudge  had  existed  between 
the  two  men.  "Wild  Cat"  accused  Veuve  of 
stealing  money  from  Mr.  Dutech,  the  stage 
owner.  The  Frenchman  denied  the  allegation 
and  threatened,  on  the  day  of  the  tragedy,  that 
he  would  have  a  "Wild  Cat"  skin  before  night. 
Both  men  boarded  at  the  hotel.  There  was 
trouble  at  the  breakfast  table,  but  they  were 
prevented  from  doing  personal  violence.  They 
then  proceeded  to  the  stable  to  "fight  it  out." 
r)n  the  way  to  the  stable  Veuve  said  to  Marr, 
"I  am  unarmed.  How  is  it  with  you?"  Marr 
said,  "No,"  a  statement  that  proved  to  be 
false,  as  he  shortly  drew  a  knife  and  cut 
Veuve  in  the  arm  and  the  abdomen,  causing 
death  in  a  few  hours.  Marr  was  arrested, 
tried,  convicted  and  sentenced  to  death.  The 
sentence  was  imposed  in  the  winter  of  1862- 
63.  Pending  the  carrying  out  of  the  death 
penalt}'  Marr  was  placed  in  a  cell  at  the  old 
county  jail,  having  as  companion  one  Abner 
vSmith,  who  was  awaiting  death  by  hanging 
for  the  murder  of  a  man  named  Van  Cleave 
at  Santa  Clara.  Smith  was  a  large,  heavily- 
built  man,  while  Marr  was  small  and  thin.  At 
the  time  E.  H.  Swarthout  was  the  jailer,  suc- 
ceeding Roohan,  and  when  he  assumed  office 
a  change  was  made  in  the  jail  arrangements. 
Instead  of  entering  the  murderers'  cell  by 
way  of  the  door,  he  had  a  hole  cut  in.  It  was 
about  waist  high,  had  a  cover,  and  this  cover 
was  kept  closed  and  locked  when  not  in  use. 
The  cells  were  in  a  long  tank  with  a  corridor 
around  it.  The  corridor  had  only  one  en- 
trance and  that  was  by  a  door  ooening  into 
the  jailer's  office.  One  evening  a  short  time 
before  supper  "Wild  Cat"  and  Smith,  who  had 
been  planning  to  escape,  made  read}^  to  put 
their  plans  into  execution.  The  lock  of  the 
cover  was  broken,  and  "Wild  Cat,"  assisted  by 
Smith,  managed  to  get  through  the  hole  into 
the  corridor.  Then  Smith  tried  to  follow 
"Wild  Cat's"  example,  but  on  account  of  his 
size  was  compelled  to  give  up  the  attempt. 
He  could  insert  his  head  and  one  shoulder, 
but  his  physical  bulk  prevented  further  pro- 
gress. "It's  no  use,"  he  groaned,  "I  can't 
make  it,  so  get  j'ourself  out  as  quick  as  3rou 


106 


HISTORY  OF   SANTA   CLARA   COUNTY 


can  and  I'll  stay  here  and  take  my  medicine." 
"I'll  have  to,  I  reckon,"  returned  "Wild  Cat," 
"but  I'm  sorry  to  leave  you.  If  I  only  had  an 
hour  in  which  to  work,  I  could  make  that 
hole  big  enough  to  get  you  through."  As  he 
had  onh'  five  minutes  at  his  disposal  he  bade 
good-bye  to  Smith,  closed  the  aperture  and 
sought  concealment  at  the  further  end  of  the 
tank.  The  jailer  appeared  on  time,  careless- 
ly leaving  open  the  door  of  his  office.  "Wild 
Cat"  was  counting  on  this  act  and  before 
Swarthout  reached  the  cell  door  to  discover 
what  had  been  done,  "Wild  Cat"  had  slipped 
around  the  corner  and  gained  the  office. 
When  the  jailer  found  that  "Wild  Cat"  had  es- 
caped from  the  cell,  he  hurried  to  the  office 
and  out  of  the  office  into  the  street.  The  fugi- 
tive was  not  in  sight.  That  night  a  search  of 
the  city  was  made  by  city  and  comity  officers, 
but  no  trace  of  the  missing  prisoner  could  be 
found.  On  April  2,  1863,  "Wild  Cat"  was  ar- 
rested in  Stockton  and  brought  back  to  San 
Jose.  But  he  was  never  hanged.  A  petition 
for  a  new  trial  on  the  ground  of  newly  discov- 
ered evidence  was  granted  and  eventually  the 
sentence  was  changed  from  death  to  impris- 
onment for  life.  Ten  years  later  the  Governor 
issued  a  pardon  and  "Wild  Cat"  returned  to 
San  Jose.  He  died  here  many  years  ago. 
Smith,  for  his  crime,  died  on  the  gallows. 

The  last  escape  from  the  old  jail  occurred 
on  the  morning  of  February  15th,  1866,  and 
was  followed  by  a  tragedy.  Two  Indians, 
under  arrest  for  a  murder  committed  in  Santa 
Cruz  County,  overpowered  W.  H.  Hendricks, 
the  jailer,  and  after  a  desperate  struggle  suc- 
ceeded in  obtaining  the  jailer's  pistol.  They 
then  ran  out  of  the  jail  and  into  Third  Street. 
Hendricks  cjuickly  secured  anothti  pistol  and 
fpllowed  in  pursuit.  He  came  up  with  one  of 
the  fugitives  before  he  had  gone  a  block  and 
fired,  wounding  his  man.  A  return  shot 
pierced  Hendricks'  brain  killing  him  instantly. 
The  murderer  ran  along  1'hird  Street  and  con- 
cealed himself  under  an  unfinished  building, 
A  crowd  gathered  around  and  a  fusillade  of 
shots  were  fired  at  the  crouching  murderer. 
He  was  soon  dispatched.  The  .partner  of  his 
crime  and  flight  was  afterward  caught  and 
hanged  at  Santa  Cruz,  May  21,  1866. 

The  killing  of  William  Cooper  brought  for 
a  short  time  to  the  old  county  jail  a  man 
\vhose  act  created  one  of  the  great  sensations 
of  San  Jiise.  The  stor}-  f)f  the  killing  hinged 
upon  the  actions  of  a  girl  in  her  teens.  In 
the  late  si.xtics  Hlanche  I.)ul)nis  was  a  student 
at  the  San  Jose  Institute.  She  \vas  a  very 
pretty  girl,  tall,  dark,  slender  and  graceful, 
Avith  languishing  eyes  and  a  sunny  smile.  She 
had   many   admirers   and    there   was   hardlv   a 


day  when  she  was  attending  school  that  she 
was  not  seen  walking  with  one  or  more  of 
them.  After  she  left  school  for  her  father's 
ranch  on  the  Monterey  Road  near  the  ceme- 
tery male  callers  reached  such  numbers  that 
Orrin  Dubois,  the  father,  grew  irritable  and 
suspicious.  At  last  the  girl's  admirers  sim- 
mered down  to  one  young  man,  William 
Cooper,  an  Englishman.  He  was  about  twen- 
tv-five  years  of  age,  well-educated  and  of 
pleasing  address.  He  had  been  a  Union  sol- 
dier and  had  in  his  possession  his  discharge 
papers.  He  had  resided  in  San  Jose  for  about 
six  months  and  being  short  of  money  had 
worked  at  odd  times  for  Dubois,  his  last  en- 
gagement ending  January  24,  1868.  The  evi- 
dence showed  that  during  the  last  two  weeks 
of  his  stay  at  the  Dubois  ranch  he  had  induced 
Blanche  to  consent  to  an  elopement,  promis- 
ing to  take  her  to  New  York  and  marry  her, 
as  under  the  laws  of  California  he  could  not 
do  so  here  without  the  consent  of  her  parents. 
It  was  claimed  that  the  grandfather  of  the 
girl  was  a  party  to  the  secret  arrangement 
and  carried  messages  from  one  to  the  other. 

On  Monday  afternoon,  January  27,  Cooper 
called  on  Dr.  Kline,  an  acquaintance,  made  a 
confident  of  him,  said  he  expected  trouble, 
as  Dubois  did  not  like  him,  and  requested  the 
loan  of  the  Doctor's  revolver.  Kline  refused 
to  lend  the  weapon,  but  Cooper  succeeded  in 
borrowing  a  Derringer  of  Wesley  Stevens, 
another  acquaintance.  In  the  meantime,  Dr. 
Kline,  from  a  sense  of  duty,  communicated  his 
knowledge  to  Police  Officer  Mitch  Bellow  and 
advised  him  to  keep  a  watch  on  departing 
trains.  Bellow  immediately  notified  Dul)ois, 
and  Blanche,  under  severe  cross-questioning, 
admitted  that  Cooper  was  to  come  to  the 
ranch  house  on  a  certain  night,  after  the  old 
folks  were  in  bed  and  asleep,  meet  her  and 
then  proceed  to  carry  out  the  arrangements 
for  the  elopement.  She  also  said  that  she  had 
agreed  to  leave  the  front  door  partly  open  and 
also  that  she  had  promised  to  gather  all  the 
money  and  jewelry  she  could  lay  hands  on. 
Thus  forewarned,  Dul)ois  watched  for  the  in- 
truder the  great  part  of  Tuesday  night.  On 
AVednesday  he  came  to  town  for  the  purpose 
of  taking  advice  as  to  what  he  should  do  un- 
der the  circumstances.  He  was  a,>ised  to  de- 
fend his  ])remises,  to  treat  Cooper  as  he  would 
treat  any  marauder  who  should  tr}-  to  enter 
his  house  with  felonious  intent.  (  )n  return- 
ing home,  Dul)ois  ordered  Blanche  to  keep  to 
her  room  after  dark,  for  he  intended  to  meet 
Cooper  and  ha^•e  it  out  ^vith  the  fellow.  Night 
came  and  the  hours  passed  until  it  was  close 
upon  midnight.  The  iiouse  was  still  and  Du- 
l)ois  at  the  front  door,  which  had  l)een  opened 
a    few    inches,    waited,    shotgun    in    hand,    for 


HISTOR^^   OF   SANTA   CLARA   COUNTY 


107 


Cooper  to  appear.  His  vigilance  was  re- 
warded. At  the  appointed  time  Cooper  came 
lip  the  walk,  and  was  about  to  mount  the  steps 
to  the  porch  when  the  door  was  thrown  open 
and  the  shotgun  spoke.  P>oth  barrels  were 
discharged  and  as  Cooper  settled  down  to  the 
ground,  Dubois  closed  and  locked  the  door 
and  came  out  again  no  more  that  night.  Both 
shots  had  taken  effect  in  the  side  and  stomach. 
Though  mortally  wounded.  Cooper  dragged 
himself  through  the  Dubois  grounds  until  he 
reached  the  home  of  a  rancher  named  Reeves, 
half  a  mile  away.  He  died  an  hour  later.  The 
next  day  Dubois  drove  to  town  and  surren- 
dered himself  to  the  officers.  Pending  exam- 
ination he  was  confined  for  a  short  time  in  the 
old  jail.  The  court  proceeding  resulted  in  his 
discharge.  Blanche  married  a  few  years  after 
the  tragedy  and  left  San  Jose  never  to  return. 
Shortly  after  the  killing  of  Cooper,  another 
man  slayer  was  for  a  short  time  a  cell  occu- 
pant at  the  old  jail.  The  man  slain  was  Harry 
Love,  alias  "The  Black  Knight  of  the  Sey- 
ante."  He  was  a  man  of  immense  frame  and 
of  unquestionable  bravery.  He  commanded 
the  company  that  dispersed  the  notorious  rob- 
ber band  of  Joaquin  Murietta,  the  last  fight  on 
the  San  Joaquin  plains  resulting  in  Murietta's 
death.  Love's  wife  was  a  wealthy  landowner 
and  the  family  home  was  near  Santa  Clara. 
For  a  number  of  years  she  refused  to  live  with 
her  husband  on  account  of  his  cruelty.  He 
was,  so  it  was  said,  in  the  habit  of  beating 
her  when  he  could  find  her  alone  and  unpro- 
tected. It  was  partly  to  guard  against  such 
attacks  that  she  employed  Christian  Elverson 
to  work  on  the  ranch  and  live  in  the  house. 
Love  spent  most  of  his  time  in  Santa  Cruz 
County,  leading  a  sort  of  a  hermit's  life  and 
visiting  his  wife  occasionally.  He  conceived 
a  strong  aversion  to  Elverson,  pretending 
jealousy,  which  was  wholly  groundless,  for 
Mrs.  Love  at  that  time  was  over  seventy 
years  of  age.  Finally  Love  ordered  Elverson 
to  leave  the  place,  threatening  to  kill  him  if 
he  stayed  on.  Mrs.  Love  earnestly  urged  him 
to  stay  and  Elverson  promised  not  to  leave, 
but  prudently  armed  himself.  On  the  day  of 
the  shooting — it  was  in  July,  1868 — Mrs.  Love 
went  to  San  Jose  to  transact  some  business. 
She  was  accompanied  by  Elverson.  Love, 
who  had  been  staying  in  San  Jose  for  a  week 
or  so,  saw  them  together  and  immediately 
hurried  to  his  wife's  house  and  there  armed 
himself  with  a  double-barreled  shotgun,  a  re- 
volver and  a  bowie  knife.  A  step-daughter 
and  a  carpenter  employed  in  repairing  the 
house  were  the  only  persons  at  home  when  he 
arrrived  there.  He  went  out  of  the  house 
with  his  weapons,  locked  the  front  gate  and 


took  a  ])osition  behind  the  fence  to  await  the 
return  of  his  wife  and  Elverson,  swearing  that 
if  I{lverson  attempted  to  enter  the  premises 
he  would  kill  him.  The  daughter,  fearing 
danger  to  her  mother,  went  into  the  road  and 
when  the  carriage  approached,  motioned  it 
back.  Elverson,  misinterpreting  the  girl's 
gestures,  only  approached  the  more  rapidly. 
When  within  about  seventy-five  yards  of  the 
gate.  Love  discharged  one  barrel  of  his  gun, 
a  shot  striking  Mrs.  Love.  Elverson  at  once 
comprehended  the  situation.  Leaping  from 
the  carriage  he  drew  his  revolver,  and  moved 
rapidly  by  side  steps,  upon  the  enemy,  who 
was  still  crouched  behind  the  fence  and  pro- 
tected by  the  gate  post.  When  Elverson  had 
come  within  a  short  distance  of  the  fence. 
Love  discharged  the  other  barrel  of  his  shot 
gun,  a  number  of  shots  striking  Elverson  in 
the  face  and  causing  the  blood  to  flow  freely. 
But  perfectly  cool  and  undaunted.  Elverson 
kept  on  his  course,  exchanging  shot  for  shot 
until  a  bullet  from  Love's  revolver  disabled 
his  right  arm.  Shitting  his  pistol  to  his  left 
hand  he  rushed  up  boldly  to  the  fence  and 
sent  a  bullet  through  Love's  right  shoulder. 
Love,  having  exhausted  his  shots,  immediate- 
ly took  to  his  heels,  shouting  "murder,"  with 
Elverson  in  close  pursuit.  When  near  the 
house  Elverson  overtook  Love  and  felled  him 
with  a  blow  from  the  butt  end  ul  the  pistol. 
He  was  about  to  finish  his  work  when  the 
carpenter  interfered.  Love  died  shortly  after- 
ward from  the  effects  of  an  amputation  of  the 
shattered  arm.  Elverson  was  arrested,  and 
confined  in  the  old  jail  pending  the  prelimin- 
ary examination.  At  this  proceeding  the 
judge  found  that  the  killing  was  justifiable 
and  Elverson  was  discharged. 

Old  ResidSntial  Landmarks 

Another  old  and  very  attractive  landmark 
was  the  home  place  of  General  Henry  M. 
Naglee.  It  comprised  140  acres  and  extended 
from  Tenth  Street  to  the  Coyote  on  the  east 
and  from  Santa  Clara  Street  to  William  Street 
on  the  south.  The  house  was  considered  in 
early  days  to  be  one  of  the  finest  in  San  Jose. 
It  occupied  a  position  near  the  centre  of  the 
grounds  and  was  surrounded  by  choice  flow- 
ers, shrubbery  and  ornamental  trees.  It  is 
still  standing  at  the  northwest  corner  of  Four- 
teenth and  San  Fernando  Streets.  There  was 
a  perfect  forest  of  trees  on  that  part  of  the 
grounds  not  devoted  to  the  culture  of  grapes. 
From  these  grapes  brandy  was  made  and  the 
fame  of  Naglee's  brandy  was  world  wide.  The 
General  was  a  veteran  of  the  Civil  War.  He 
commanded  a  brigade  under  McClellan,  and 
served  with  gallantry  and  ability  throughout 


108 


HISTORY  OF  SANTA  CLARA  COUNTY 


the  Peninsular  Campaign.  He  resigned  from 
the  army  shortly  after  McClellan's  removal, 
because  he  held  that  his  chief  had  been  unjust- 
ly treated.  When  the  avenue  was  extended 
from  the  Santa  Clara  Street  bridge  through 
East  San  Jose  to  the  junction  with  the  Mt. 
Hamilton  road,  General  Naglee  planted  pine 
trees  on  both  sides  of  the  avenue  for  its  en- 
tire distance  and  otherwise  greatly  assisted  in 
the  improvement  of  the  roadway.  In  honor 
of  his  services  the  extension  of  the  avenue  was 
called  for  many  years  Naglee  Avenue.  Some 
j'ears  after  his  death,  the  heirs  concluded  to 
cut  up  and  sell  the  property.  The  business 
was  placed  in  the  hands  of  Thomas  S.  Mont- 
gomery, now  president  of  the  Garden  Cit}' 
Bank  and  Trust  Company,  and  in  1907  the 
work  was  started.  Toda}^  the  immense  tract 
of  land  is  covered  with  pretty  and  costly  bun- 
galows, paved  streets  and  sidewalks  and  love- 
ly gardens,  making  it  one  of  the  finest  resi- 
dence  spots  in  Central  California. 

Still  another  old  landmark  was  the  Hensley 
property,  on  North  First  Street.  It  extended 
from  the  Southern  Pacific  tracks  to  Empire 
street  on  the  north  and  from  First  to  Fourth 
on  the  east.  The  house  was  large,  roomy 
and  built  in  the  old  southern  st3de,  while  the 
ornamentation  of  the  grounds  made  the  place 


one  of  the  beauty  spots  in  San  Jose.  Major 
Hensley  was  a  '49er  and  died  in  1865,  highly 
respected  for  his  integrity  and  public-spirited- 
ness.  In  1886  the  old  home  was  removed 
and  the  estate  subdivided  and  placed  on 
the  market,  T.  S.  Montgomery  handling  the 
sales.  Today  there  are  new  streets  and  hand- 
some residences'  where  once  was  one  large 
garden  and  a  touch  of  the  primitive. 

In  1887  the  old  homestead  property  of 
Tosiah  Belden  on  First  Street  near  Empire 
was  purchased  by  the  Hotel  Vendome  com- 
pany. This  sale  marked  the  passing  of  anoth- 
er old  landmark.  The  property  comprised 
eleven  acres  and  was  planted  as  a  park.  The 
house,  or  mansion,  was  one  of  the  few  costly 
edifices  erected  in  the  early  fifties.  Josiah 
Belden  was  a  '49er  and  long  before  the  sale  to 
the  Vendome  company  he  went  east  with  his 
family,  became  a  New  York  banker  and  died 
a  multi-millionaire.  The  Belden  property, 
then  owned  bv  C.  H.  Maddox,  was  sold  for 
$60,000,  and  a'  hotel  building,  costly  $250,000 
was  speedily  erected.  The  original  board  of 
directors  of  the  Vendome  companjr  were  J-  B. 
Randal,  W.  S.  Thorne,  J.  S.  Potts,  L.  Lion, 
C.  W.  Breyfogle,  A.  McDonald,  T.  S.  Mont- 
gomery, F.  H.  Mabury,  and  G.  Lion. 


CHAPTER  VIII. 

Newspapers  in  the  Early  Days — J.  J.  Owens'  Sad  Experience — Chas.  M. 
Shortridge — E.  A.  and  J.  O.  Hayes — W.  Frank  Stewart — Mark  Twain's 
Lecture — The  Rise  of  H.  C.  Hansbrough — Edwin  Markham's  Venture — 
Alex  P.  Murgotten — H.  A.  De  Lacy — The  Peril  of  Major  Foote — Elliott 
the  Adventurer — Kelly  and  the  Grizzly 


Since  the  early  days  San  Jose  has  had  many 
newspapers ;  each  started  to  fill  "a  long-felt 
want,"  and  each  in  its  honest,  able  way,  carr}'- 
ing  out,  as  far  as  was  possible,  the  laudable 
resolve.  In  1850  Avas  published  the  State 
Journal.  The  proprietor  was  James  B.  Devoe 
and  it  was  discontinued  on  the  adjournment 
of  the  legislature  in  1851.  In  January,  1857, 
came  the  San  Jose  Daily  Argus.  It  lasted  dur- 
ing the  senatorial  campaign  and  was  used  to 
promote  tlie  candidacy  of  John  C.  Fremont. 

The  first  permanent  newspaper  of  the  city 
A\-as  the  San  Jose  Weekly  Visitor.  It  was 
started  June  20,  1851,  by  Emerson,  Damon 
and  Jones.  At  first  it  was  Whig,  but  went 
over  to  the  Democracy  in  October.  In  Au- 
gust, 1852,  its  name  was  changed  to  the  Reg- 


ister and  was  pulilished  l^y  Givins  George  and 
T.  C.  Enierson  with  F.  B,  Murdoch  as  editor. 
In  185,^  Murdoch  obtained  control  of  the  paper 
and  the  name  was  again  changed  to  the  San 
Jose  Telegraph.  In  1860  the  Telegraph  went 
into  the  hands  of  W.  N.  Slocum,  brother  of 
Gen.  H.  AA'.  Slocum,  who  commanded  one 
wing  of  Sherman's  army  during  the  march 
"from  Atlanta  to  the  Sea."  In  1861  another 
change  of  name  was  made  when  the  paper 
passed  into  the  hands  of  ].  J.  Owen  and  B.  H. 
Cottle. 

The  Daily  Mercury  was  started  in  connec- 
tion with  the  weekly  paper  of  that  name,  but 
was  discontinued  in  1862.  In  1869  J.  J.  Con- 
ni}',  who  had  come  down  from  Shasta  County, 
was  admitted  into  the  firm  and  in  August  of 


HISTORY  OF  SANTA  CLARA   COUNTY 


109 


that  year  the  puVilication  of  the  daily  was  re- 
sumed.    Mr.  Conniy  retired  from  the  firm  this 
year.     In  1871   Cottle  sold  out  his  interest  to 
Owen.     In  IS72,  Owen,  having  purchased  the 
Daily  Guide,  again  resumed  the  publication  of 
the    Daily    Mercury    in    connection    with    the 
weekly.     Soon  after  Cottle  bought  a  half  in- 
terest in  both  papers,  but  again  sold  to  Owen 
in   1874.     In   1877   it  was   incorporated  under 
the  style  of  the   Mercury   Printing  and   Pub- 
lishing Company,  Mr.  Owen  holding  the  ma- 
jority'of  the  stock.     In  1884  he  sold  his  inter- 
est to  Charles  M.  Shortridge,  proprietor  of  the 
Daily  Times  and  the  name  of  the  paper  was 
changed  to  the  Times-Mercury.    In  1885  F.  A. 
Tavlor  entered  into  negotiations  for  the  pur- 
chase of  the  paper,  but  the  sale  was  not  con- 
summated.    In  the  meantime  the  name  was 
changed  back  to  the  Daily  Mercury.     At  this 
time  it  absorbed  the  Daily  Republic.     In  1878 
Shortridge  sold  his  interest  to  a  local  syndi- 
cate, with  Clarence  M.  Wooster  as  manager. 
Soon  afterward   the  paper  became   the  prop- 
erty of  Alfred  Holman,  present  editor  of  the 
San  Francisco  Argonaut,  and  after  two  years 
of  ownership  Holman  sold  to  E.  A.  and  J.  O. 
Hayes,  who  have  since  controlled  the  paper. 

J.  J.  Owen  was  one  of  the  striking  figures 
in  San  Jose  journalism.  He  was  a  man  among 
men,  generous,  broad-minded  and  scrupulous- 
ly honest.  His  editorials  were  never  long  nor 
labored,  but  each  went  to  the  root  of  the  cho- 
sen subject  in  such  a  graceful,  charming  way 
as  to  make  the  editorial  column  one  always  to 
be  eagerly  read.  He  was  a  poet  as  well  asa 
prose  writer  and  in  his  poems  his  gentle  phil- 
osophy found  adequate  expression.  As  a  writer 
of  pertinent  paragraphs  and  sermonettes  he 
was  unsurpassed  in  his  day  and  a  volume  of 
tabloid  essays  published  in  the  seventies  found 
ready  sale.  '  Copies  may  still  be  found  in  the 
libraries  of  old-time  residents. 

In  Owen's  time  the  "intelligent  compositor" 
was  conspicuously  in  evidence.  That  he  sur- 
vived the  imprecations  showered  upon  his 
"devoted  head"  must  be  accounted  for  by  the 
fact  that  his  head  was  hard  though  his  sense 
of  humor  was  keen.  Once  Owen,  coming  in 
contact  with  the  "I.  C,"  had  a  rush  of  blood  to 
the  head  that  in  the  case  of  a  man  afflicted 
with  hardening  of  the  arteries  would  have 
caused  the  formation  of  a  blood  clot  in  his 
brain  and  consequent  paralysis.  The  instance 
which  will  be  here  recorded  had  its  incep- 
tion during  the  legislative  career  of  the 
veteran  editor.  It  was  about  fifty  years 
ao-o  that  Owen  was  elected  a  member  of 
the  California  Assembly.  Nearly  all  the 
time  of  the  session  was  taken  up  in  the 
consideration  of  a  prison  jute  mill  scan- 
dal,   the    board    of    managers    having    been 


charged  with  all  sorts  of  crookedness  in  the 
management  of  the  mill.  Owen  presented  the 
bill  calling  fcir  an  investigation  and  after  its 
adoption  a  committee  was  appointed  to  hear 
the  evidence  and  make  a  report.  During  the 
debate  Owen's  speaking  talent  was  ably  and 
courageously  displayed.  He  was  among  the 
foremost  in  denouncing  the  managers  and 
when  the  committee,  at  the  end  of  the  session, 
handed  in  a  report  whitewashing  the  accused 
officials,  Owen's  indignation  knew  no  bounds. 
He  was  at  white  heat  over  what  he  termed 
was  a  travesty  of  justice  when  he  returned  to 
his  editorial  duties  in  San  Jose.  Almost  his 
first  act  on  reaching  his  desk  was  to  write  an 
editorial  on  the  jute  mill  scandal  in  which  he 
expressed  in  forcible  language  his  opinion  of 
the  legislators  who  had  given  the  prison  man- 
agers a  clean  bill  of  moral  health.  The  article 
was  headed  "There  is  no  balm  in  Gilead." 

After  writing  the  editorial  Owen  went  home, 
leaving  the  proof  reading  in  the  hands  of  the 
foreman  of  the  composing  room.  Next  morn- 
ing he  picked  up  a  copy  of  his  paper  and  pre- 
pared to  read  what  cold  type  had  ma,de  of  his 
caustic  criticism.  The  first  glance  at  his  mas- 
terpiece sent  the  blood  to  his  head  and  made 
him  rise  up  on  his  hind  legs  and  howl,  for 
the  heading  was  not  "There  is  no  balm  in 
Gilead,"  but  "There  is  no  barn  in  Gilroy." 

As  far  as  the  historian  can  remember  Owen 
had  but  one  scrap  with  an  outsider.  In  the 
earl}^  days  personalities  were  largely  indulged 
in.  When  an  oflrending  head  stuck  up  the  rule 
was  to  hit  it.  Perhaps  the  dearth  of  local 
news  was  the  cause  of  editorial  bellicoseness, 
but  it  was  not  often  that  a  person  assailed  by 
a  newspaper  editor  would  adopt  drastic  meth- 
ods in  dealing  with  his  assailant.  But  once  in 
a  while  the  victim  of  an  editor's  attack  would 
attempt  retaliation  by  means  of  personal  en- 
counter. Some  time  in  the  '70s  Owen  assailed 
Montgomery  Maze,  since  deceased.  Maze  was 
a  searcher  of  records  and  his  assistant  was 
Mitch  Phillips,  the  capitalist,  who  died  in 
1918.  Maze,  who  was  stockily  built  and  very 
pugnacious,  met  Owen  at  the  northwest  cor- 
ner of  Santa  Clara  and  Market  streets.  They 
did  not  pass  the  time  of  day  but  they  did  pass 
the  lie  and  then  Maze  sailed  in  to  make  mince 
meat  out  of  the  veteran  editor.  Owen's  cane 
parried  the  initial  blow  and  Maze  stopped  sur- 
prised but  not  daunted.  He  made  another 
rush  and  landed  on  Owen's  nose.  Encouraged 
by  his  success  he  tried  a  left  hander,  missed 
the  mark  and  allowed  the  cane  to  accomplish 
its  head-aching  work.  From  that  time  on  it 
was  cane  and  fist,  the  cane  doing  the  gfreater 
punishment.  Bystanders  interfered  when  the 
fight   was    at   its    hottest.      Both    combatants 


110 


HISTORY   OF   SANTA   CLARA   COUNTY 


were  good  sports  and  friendly  relations  were 
soon  established. 

\Vhile   Charles  M.   Shortridge  was  publish- 
ing the  Daily  Times,  a  report  of  the  proceed- 
ings of  a  Democratic  County  Convention  made 
slurring  reference  to  the  speech  of  one  of  the 
candidates    for    office.      The    candidate    was    a 
Kentuckian  Avho  possessed  a  fiery  dsposition. 
The  report  made  him  see  red.     He  hastened  to 
the  Thues  office  and  found  Shortridge  alone. 
With  the  words,  'T  am  going  to  punch  your 
head,"   he   made   a  mad   bull  rush.     The   first 
blow  tumbled  Shortridge  from  the  high  stool 
on  which  he  had  been  sitting.     In  attempting 
to  pursue  his  advantage   the  Kentuckian  got 
tangled  up  in  the  rounds  of  the  stool  and  while 
he  was  trying  to  extricate  his  long  legs  Short- 
ridge   arose    and    began    to    use    his    fists.      -'V 
rough  and  tumble  fight  ensued.  There  was  one 
chair  in  the  room  and  during  the  struggle  it 
was   wrecked   as   was   also   the   stool.      Some- 
times the  Kentuckian  would  have  the  advan- 
tage, sometimes  the  advantage  would  be  with 
Shortridge.     They   fought  all   over   the   room 
and  at  l^ist  stopped  from  exhaustion.     As  they 
lay  panting  on  the  floor,  with  bleeding  faces 
and  half-closed  eyes,  a  printer  looked  in.     He 
gazed  in  surprise  at  the  wreck  and  the  pros- 
trate fighters  and  then  said,  "An  earthquake? 
Strange  I  didn't  feel  it  when  I  was  outside." 
"It    wasn't    an    earthquake,"    grunted    Short- 
ridge, "It  was  a  Kentucky  cyclone."   The  fight 
did^n'ot  settle  the  dift'erences  between  the  two 
men.     The  feud  remained  though  there  were 
no  further  warlike  demonstrations. 

After  a  few  vears  as  collector  Charles  M. 
Shortridge  went  into  the  real  estate  business. 
After  a  time  he  succeeded  in  obtaining  suffi- 
cient financial  backing  to  enable  him  to  pur- 
chase the  Dailv  Times,  paying  $5,500  for  busi- 
ness and  plant.'  This  was  in  1883  when  he  was 
twenty-seven  years  old.  He  was,  in  truth,  the 
architect  of  his  own  fortunes.  Srion  after  he 
came  to  California  he  hired  out  to  the  San 
Jose  Gas  Company  as  a  lamplighter  so  as  to 
obtain  money  to  carr}'  him  through  the  puldic 
schools.  Having  graduated  with  honor  he  se- 
cured a  position  on  the  Mercury  as  errand  jjoy 
to  lie  advanced  soon  to  the  position  of  col- 
lector. In  1884  he  secured  control  of  the  stock 
of  the  Mercury  Printing  and  Publishing  Com- 
pany and  in  less  than  two  years  from  the  day 
he  walked  out  of  the  office  a  poor  boy,  he 
walked  back  as  a  proprietor.  He  combined 
the  Times  and  Mercury  and  proceeded  to 
make  the  new  journal  twice  as  good  as  either 
of  them  Avas  beftjre.  In  the  early  '''Us  he  l>e- 
canie  the  lessee  and  manager  of  the  San  Fran- 
cisco Call,  a  ])ositii>n  he  retained  for  several 
years,  i  Afterward  he  studied  law,  opened  an 


office  in  San  Jose,  combining  this  profession 
with  that  of  newspaper  proprietor,  having  res- 
urrected the  Daily  Times.  He  gave  up  pub- 
lishing after  an  unfortunate  experience  of  a 
vear  or  so  to  give  his  whole  attention  to  the 
law.  He  was  engaged  in  the  practice  of  his 
profession  in  Oakland  when  he  died  a  few 
3^ears  ago. 

The    semi-weekly    Tribune    was    issued    by 
Givins   George  July  4,    1854.      In    1855   it   was 
puldished  b}'"  George  &  Kendall  and  in  1859  it 
was  sold  to  George  O'Daugherty.     In  1862  it 
was  suppressed  for  eight  months  by  order  of 
General  Wright.     In  1863  it  was  purchased  by 
F.  P>.  Murdoch,  who  changed  the  name  to  the 
Patriot.     The  paper   was  a  weekly.      In   1865 
Murdock    commenced    the    publication   of   the 
Daily   Patriot.      In   1875   he   sold   out  to   S.  J. 
Hinds  and  J.  G.  Murdock.     In  1876  it  was  pur- 
chased by  the  ]\Iurphys  and  the  name  changed 
to  the  San  Jose  Daily  Herald.     In  1878  it  pur- 
chased and  absorbed  the  San  Jose  .A.rgus.     In 
October,    I884,   the   Herald   was   bought   by  a 
joint  stock  company.     H.  H.  Main  was  presi- 
dent,  W.    C.    Morrow,    secretary,     and    J.     F. 
Thompson,    treasurer.      Main    and    Thompson 
are  dead.     ^Morrow  is  a  resident  of  San  Fran- 
cisco engaged  in  literary  work.     As  a  teacher 
of   the   art  of   short  stor}'  writing  he   has   ac- 
quired a  national  reputation.     While  engaged 
in    newspaper    work    he    wrote    several    high- 
class  novels  and  many  charming  short  stories. 
He  has  a  keen,  analytical  mind  and  his  style 
has  the  clearness  and  finish  of  a  master  crafts- 
man.     He   was   and   is   a   literary    artist,    and 
mithing  ever  leaves  his  hands  that  is  not  pure 
English,  charmingly  expressed.     After  he  left 
vSan  Jose,  the  Herald  was  conducted  by  Main 
and  Thompson  until  it  was  sold  to  Charles  M. 
Shortridge.     In  1900  the  i)aper  was  purchased 
by  E.  A.  and  J.  O.  Hayes  and  publication  was 
continued  until   it   was   absorbed   by   the   San 
Jose  IMercury.    The  name  of  the  Mercury  was 
then    changed    to    the    Mercur)--Herald.      The 
FIa3'es  brothers  are  lawyers  and  mine-owners 
and  have  at  Edenvale,  six  miles  south  of  San 
Jose,    on    the    ]\Ii>nterey    Road,    one    of    the 
costliest   and   handsomest   residences   in    Cali- 
fornia.     The     grounds      cover      many     acres 
with    a    wealth     of    flowers,     shrubbery    and 
trees.     E.   A.   Hayes  was   a   member   of    Con- 
gress    for     several     terms,     serving     his     dis- 
trict  with   marked   ability.      J.    (J.    Haj-es   has 
ne\x-r  held  public  office,  although  he  has  been 
several  times  a  candidate  for  governor.    ETnder 
tlie    progressiAC    management    of    the    Hayes 
lirothers  the  Alercury-Herald  has  attained  the 
largest  circulation  of  any  paper,  outside  of  San 
Francisco  and  Oakland,  in  Central  California. 
It  has  e\er  worked  for  the  best  interests  of  the 


HISTORY   OF   SANTA   CLARA   COUNTY 


11] 


Gommunity  and  its  influence  has  been  far- 
reaching  and  strong.  E.  K.  Johnston  is  the 
managing  editor  and  his  ability  and  business 
acumen  have  In-en  marked  factors  in  the  pa- 
per's success. 

The  San  Jose  Daily  Reporter  came  into  ex- 
istence in  1860.  AV.  Frank  Stewart  was  the 
publisher.  It  \\as  soon  changed  to  a  weekly 
and  was  discontinued  after  a  few  weeks'  ex- 
istence. Stewart  was  a  Kentuckian  and  was 
in  Ne\ada  when  Mark  Twain  was  doing  repor- 
torial  \\cirk  on  the  Virginia  City  Enterprise. 
Late  in  1866  Mark  returned  from  the  Ha- 
waiian Islands  and  haxing  no  newspaper  en- 
gagement in  sight,  he  wrote  a  lecture  on  the 
islands  and  prepared  to  make  a  tour  of  the 
Pacific  Coast  for  the  purpose  of  putting  some 
much-needed  money  in  his  pocket.  San  Jose 
was  selected  as  the  place  for  "tr3'ing  it  on  the 
dog."  When  Mark  landed  in  town  he  hunted 
lip  Stewart,  avIio  was  then  the  proprietor  of  a 
little  saloon  in  a  shaky,  one-story  building  on 
a  lot  on  First  Street  near  Fountain  Alley. 
Twain  found  the  place  and  soon  enlisted  Stew- 
art's enthusiastic  cooperation.  The  saloon 
was  a  popular  loafing  place  and  ]\Iark  spent 
much  time  there  listening  to  Stewart's  views 
on  his  latest  fad,  "How  earthquakes  are  pro- 
duced." Stewart  had  a  queer  theory  about 
earthquakes  and  many  lectures  on  the  subject 
were  delivered  in  Music  Hall  while  Stewart 
was  a  resident  of  San  Jose.  In  his  saloon  he 
had  an  earthquake  indicator  of  his  own  inven- 
tion, the  points  of  which  he  explained  to  the 
Nevada  humorist,  much  to  the  latter's  inter- 
est and  amusement. 

Through  the  good  work  done  by  Stewart 
and  his  friends  Mark  was  enabled  to  lecture 
to  a  paying  house  and  he  left  San  Jose  pro- 
fuse in  expressions  of  gratitude  for  the  kind- 
ness displayed  by  his  old  Nevada  friend.  A 
few  months  later  Mark  was  in  Buffalo,  N.  Y., 
doing  humorous  work  for  the  Express.  Clip- 
pings from  his  writings  were  made  weekly  by 
the  San  Francisco  Alta  to  be  eagerly  read  b}^ 
Alark  Twain's  many  admirers  in  San  Jose.  At 
this  time  no  one  hailed  the  arrival  of  the  Alta 
more  jovously  than  Frank  Stewart.  He  was 
heard  frequently-  to  say  that  ^Mark  was  des- 
tined to  Ijecome  one  of  the  great  Avriters  of  the 
age.  But  one  day  there  came  a  change. 
Stewart's  face  grew  longer  and  harder.  His 
eiyes  flashed  with  rage  and  when  he  found 
'voice  to  express  his  feelings  it  was  to  pour 
forth  the  bitterest,  most  caustic  and  damna- 
tory language  that  ever  fell  from  human  lips. 
,Mark  Twain  was  an  ingrate,  a  coward  and  a 
,cur.  He  was — well,  he  was  everything  an 
•.honest  man  should  not  be. 


The  cause  of  Stewart's  rage  was  an  article 
in  the  Buffalo  I{xpress  which  said  in  effect 
that  out  in  San  Jose,  Calif(jrnia,  there  lived  a 
fellow  named  Stewart,  who  had  an  aged 
mother  on  wdiom  he  was  depending  for  sup- 
port, and  who  passed  as  the  proprietor  of  a 
ramshackle  groggery,  where,  between  drinks, 
he  expatiated  on  earthquakes,  a  suljject  of 
which  he  knew  little  and  talked  much.  The 
article  further  stated  that  whenever  a  pig 
came  along  and  scratched  his  Ijack  against  the 
front  of  the  building  there  would  ccjme  a  shake 
that  would  be  promptly  registered  and  as 
promptly  telegraphed  all  over  the  Pacific 
Coast. 

When  his  wrath  had  cooled  sufficiently  for 
him  to  use  a  pen  Stewart  sat  down  and  wrote 
Mark  a  letter,  which,  if  it  could  be  found  and 
])ublished,  would  prove  one  (jf  the  richest 
things  in  American  literature.  He  figuratively 
roasted  Mark  alive.  An  answer  was  not  ex- 
]:>ected,  but  it  came,  nevertheless,  in  the  shape 
of  an  abject  apologv^  Ste^vart,  with  great 
gusto,  read  the  apolog}'  to  his  friends.  Mark, 
in  his  ktter,  disclaimed  any  intent  to  slander 
the  philosopher  and  said  his  only  idea  was  to 
have  a  little  harmless  fun.  To  show  that  he 
was  sincere  he  asked  Stewart  to  forward  a 
IxDok  of  the  philosopher's  poems,  recently  pub- 
lished, promising  to  review  it  in  a  satisfactory 
manner.  The  book  was  sent,  a  flattering  re- 
^'iew  was  given  and  the  breach  between  Mark 
Twain  and  Stewart  was  healed. 

The  Daily  and  AVeekly  Courier  was  started 
in  1865  by  Geo.  O.  Tiff'any.  It  lasted  but  a  few 
months. 

The  Santa  Clara  Argus,  as  a  weekly,  com- 
menced publication  in  1866.  In  1876  the  Daily 
.Vrgus  was  issued  and  ran  until  1878,  when  it 
was  sold  to  the  Herald.  W.  A.  January  was 
the  editor  and  proprietor  of  the  Argus.  He 
^vas  a  Kentuckian  and  a  gentleman  of  the  old 
school.  There  was  not  a  mean  bone  in  that 
tall,  slim  body  of  his.  Everybody  was  his 
friend  and  when  he  passed  away  from  earth, 
a  nonogenarian,  San  Jose  lost  a  valuable  citi- 
zen. Before  coming  to  San  Jose  he  lived  in 
Placerville,  where  he  was  associated  with  Dan 
C.ehvicks  in  the  publication  of  the  ^Mountain 
Democrat.  It  was  while  he  was  a  newspaper 
publisher  in  San  Jose  that  he  was  elected  to 
public  office.  He  was  a  very  popular  official 
and  the  Republicans  after  a  time  ceased  to  put 
up  any  candidate  against  him.  He  was  county 
treasurer  and  state  treasurer  and  in  his  last 
^•ears  tax  collector  of  Santa  Clara  County  and 
always  the  same  genial,  courteous  and  faithful 
servant  of  the  public.  ;       , 


11. 


HISTORY   OF   SANTA  CLARA   COUNTY 


C.  Leavitt  (Britt)  Yates  published  The  Sat- 
urday Advertiser  from  August  11,  1866  to 
February  19,  1869. 

The  Daily  Independent  was  started  May  7, 
1870  by  a  company  of  printers.  It  was  the  first 
paper  in  San  Jose  to  receive  news  by  tele- 
graph. In  December,  1870,  it  was  purchased 
by  Norman  Porter,  who,  in  turn,  sold  it  to  the 
Guide  in  1871. 

The  Daily  Guide  was  started  by  Phil  Stock- 
ton and  H.'C.  Hansbrough  in  February,  1871. 
Hansbrough  sold  out  his  interest  to  Stockton 
that  same  year.  Major  Horace  S.  Foote,  who 
wrote  "Pen  Pictures  from  the  Garden  of  the 
World,"  a  work  that  has  been  largely  drawn 
upon  in  the  writing  of  this  history,  was  the 
editor  of  the  Guide  and  before  the  Guide 
started,  was  the  editor  of  the  Independent. 
As  a  writer  he  is  clever,  humorous  and  inci- 
sive and  local  journaHsm  was  the  sufferer 
when  he  dropped  the  pen  to  become  the  finan- 
cial expert  of  the  board  of  supervisors.  In 
January,  1872,  Porter  took  the  Guide  and  sold 
it  to  J.  T-  Owen,  who  merged  it  into  the  Daily 
Mercury. 

The  history  of  Henry  C.  Hansbrough  of  the 
Guide  is  an  interesting  one.  Before  becoming 
a  newspaper  owner  he  was  a  printer  and  did 
his  first  work  in  the  Patriot  office.  After  a 
few  years'  residence  in  San  Jose  he  went  to 
San  Francisco.  He  was  a  Chronicle  compos- 
itor until  promoted  to  the  telegraph  editor's 
desk.  It  was  while  he  was  a  resident  of  the 
Bay  City  that  the  Anti-Chinese  agitation 
reached  a  ferment.  Dennis  Kearney  was 
shouting,  "the  Chinese  must  go,"  and  the 
Mongolians  and  their  business  allies  among 
the  whites  were  in  a  terror-stricken  mood.  All 
the  while  the  sentiment  in  the  eastern  and 
middle  western  states  was  distinctly  pro- 
Chinese.  To  take  advantage  of  the  situation 
three  enterprising  young  men — Chester  H. 
Hull,  city  editor  of  the  Chronicle  and  self- 
styled  "The  Monumental  Liar  of  America"; 
Sam  Davis,  the  Nevada  humorist  and  brother 
of  Robert  H.  Davis,  present  managing  editor 
of  the  Frank  A.  Munsey  publications ;  and 
H.  C.  Hansbrough,  resolved  to  procure  an  ed- 
ucated Chinese  and  take  him  east  on  a  lectur- 
ing tour.  Hull  was  to  write  the  speech,  Davis 
was  to  finance  the  undertaking  (it  was  re- 
ported at  the  time  that  he  could  get  $3,000 
from  John  Mackey,  the  bonanza  king)  and 
Hansbrough  was  to  act  as  business  manager. 
But  the  days  passed  and  no  Chinese  intelli- 
gent and  foxy  enough  to  fill  the  bill  could  be 
secured.  At  this  juncture  Hull,  himself,  of- 
fered to  do  the  lecture  part  by  making  up  as  a 
Chinese.  Whether  the  other  partners  ever  se- 
riously   considered    the    offer    is    not    known. 


But  there  were  frequent  wranglings  which 
ended  by  a  dissolution  of  copartnership.  Da- 
vis returned  to  the  sage  brush  and  Hull  went 
back  to  his  desk  to  perpetrate  another  of  the 
hoaxes  which  had  made  him  notorious 
throughout  the  Pacific  states.  But  Hans- 
brough stuck  to  his  guns.  He  enlisted  the  in- 
terest and  cooperation  of  Rev.  Otis  Gibson, 
superintendent  of  the  Methodist  Mission  in 
San  Francisco,  and  a  Chinese  interpreter  in 
the  person  of  Chan  Pak  Kwai,  was  secured. 
The  Chinese  was  good-looking,  as  sharp  as  a 
steel  trap  and  had  an  excellent  command  of 
the  English  language.  He  had  lived  for  a  time 
in  San  Jose  and  was  well  known  to  all  the 
court  officials.  When  all  arrangements  had 
been  made  and  Chan  Pak  Kwai  had  been 
properly  trained,  Hansbrough  and  his  mascot 
left  for  the  east.  Lectures  were  delivered  in 
Iowa  and  Illinois  and  Chan  Pak  Kwai  was 
feted  everywhere  by  the  warm-hearted  people 
of  the  middle  west.  At  last  the  interest  waned 
and  manager  and  performer  separated,  the 
Chinese  to  return  to  San  Francisco  and  Hans- 
brough "to  seek  fields  and  pastures  new."  In 
Devil's  Lake,  Dakota,  he  established  a  news- 
paper and  after  a  time  became  postmaster  and 
interested  himself  in  politics.  When  Dakota 
was  divided  to  become  two  states,  Hans- 
brough was  chosen  one  of  the  United  States 
Senators  for  the  northern  division.  He  held 
office  for  eighteen  years. 

The  Daily  Press  was  published  for  a  few 
weeks  during  1882  by  J.  J.  Conmy. 

The  Reporter  was  started  by  present  Under- 
Sheriff  Hugh  A.  DeLacy,  in  April,  1872.  It 
lasted  until  August. 

The  California  Agriculturist,  Brand  &  Hol- 
loway,  proprietors,  came  into  existence  in 
1871.  S.  H.  Herring  purchased  it  in  1874  and 
after  running  it  for  a  few  years  sold  it  to  the 
Pacific  Rural  Press,  of  San  Francisco. 

The  Daily  Evening  Tribune  was  published 
during  the  1872  presidential  campaign  by 
Clevenger  &  Armstrong.  E.  T.  Sawyer  was 
the  editor.  The  paper  opposed  Grant  and 
supported  Greeley. 

The  Daily  Independent  Californian,  pub- 
lished by  S.  H.  Herring  and  Ben  Casey,  held 
the  fort  during  the  local  option  campaign 
of  1874. 

The  Daily  Garden  City  Times  was  started 
by  Edwin  Markham,  S.  H.  Herring,  Perry- 
man  Page  and  E.  T.  Sawyer  in  1874.  It  had 
the  telegraph  dispatches  and  for  a  while  the 
future  looked  bright.  Markham,  who  after- 
ward became  famous  as  the  author  of  "The 
Man  With  the  Hoe,"  "Lincoln  and  Other 
Poems,"  "The  Shoes  of  Happiness,"  and  who 
is    now    an    opulent    resident    of    West    New 


HISTORY   OF   SANTA   C[.ARA   COUNTY 


113 


Brighton,  N.  Y.,  was  a  young  man  then,  whis- 
kerless  and  thin,  black-eyed,  eager  and  im- 
petuous. Herring  was  the  publisher  of  a 
weekly  agricultural  paper  and  an  entertaining 
writer  on  practical  subjects.  Page  was  a 
printer  who  had  studied  for  the  ministry.  He 
lent  the  moral  support  to  the  undertaking, 
while  the  other  partners  furnished  the  brains — 
such  as  they  were.  On  the  start  there  was  no 
business  manager,  for  it  had  not  occurred  to 
these  innocents  that  an  attache  of  that  sort 
was  necessary  for  the  success  of  a  newspaper 
project.  The  quartet  fondly  imagined  that  the 
mere  announcement  of  the  publication  would 
be  followed  by  such  a  rush  of  business  men 
to  the  of¥ice  as  would  necessitate  the  employ- 
ment of  a  score  of  clerks  to  attend  to  their  re- 
quirements. Besides,  of  what  use  would  be  a 
business  manager — a  man  to  drum  up  adver- 
tisements for  immediate  pecuniary  needs — 
when  an  "angel"  had  been  secured,  one  whose 
purse  was  large  and  whose  promises  were  all 
that  could  be  desired.  The  "angel"  was  Ben 
Casey,  an  elderly  rancher  living  on  the  Los 
Gatos  road.  He  had  one  hobby  and  how  it 
ruined  the  prospects  of  the  paper  will  pres- 
ently appear. 

The  Garden  City  Times  was  a  success  from 
the  start.  ^larkham  was  the  literary  editor 
and  assisted  in  the  reporting,  and  his  faculty 
of  throwing  a  glamor  of  romance  over  the 
most  trivial  local  subject,  even  though  it 
chanced  to  be  the  erection  of  a  chicken  coop 
or  the  reception  of  a  watermelon  from  an  ad- 
miring subscriber,  gave  such  interest  to  the 
local  department  that  his  salary  was  advancea 
after  the  first  week.  E.  T.  Sawyer  was  the 
city  and  managing  editor  and  his  principal  du- 
ties consisted  m  consigning  to  the  waste  bas- 
ket such  editorials  as  m  his  opinion  were  not 
in  keeping  with  the  conservative  policy  of  the 
paper.  These  proceedings  were  looked  upon 
as  high-handed  by  Mr.  Herring  and  after  a 
week  of  them  he  threw  up  his  job  in  disgust 
and  presented  his  interest  in  the  paper  to  the 
other  partners. 

About  this  time  an  advertisement  of  a  sa- 
loon was  handed  in  and  inserted.  It  caught 
the  eagle  eye  of  Casey  and  there  came  a  quick 
and  imperative  demand  for  its  withdrawal.  A 
council  of  w-ar  was  held.  It  was  realized  by 
the  three  partners  that  a  crisis  had  been 
reached.  To  take  out  the  advertisement 
would  mean  that  in  future  The  Garden  City 
Times  would  not  be  a  paper  for  all  classes, 
but  one  lined  up  on  the  side  of  temperance  at 
a  time  when  the  auestion  was  not  being  exten- 
sively agitated.  The  partners  were  young  and 
full  of  confidence.  They  felt  they  could  do 
without    Casey's    money.      So    the    advertise- 


ment stayed  and  Casey  went  out.  This  action 
took  place  on  the  second  day  of  the  second 
week  of  publication.  The  news  spread.  With- 
in twenty-four  hours  every  man  who  had  a 
bill  against  the  paper  presented  it  with  the 
abrupt  recjuest  for  immediate  payment.  Forced 
to  the  wall,  the  partners  paid  out  all  the  avail- 
able cash,  hoping  that  the  worst  was  over. 
But  they  were  mistaken,  for  the  next  move 
came  from  the  printers.  They  wanted  assur- 
ance that  they  would  be  paid  at  the  end  of  the 
week  or  they  would  leave  in  a  body.  Now 
optimism  was  followed  by  pessimism  and  the 
falling  in  spirits  alTected  the  tone  of  the  paper. 
Markham,  instead  of  scurrying  about  town 
with  a  smiling  face,  dawdled  listlessly  in  the 
editorial  room  and  used  the  scissors  in  turn- 
ing out  copy.  Former  editorials,  bracketed 
"by  request"  at  the  top  were  reprinted,  while 
Page,  in  the  composing  room,  resisted  a  strong 
temptation  to  swear.  The  inevitable  was  ap- 
proaching. Despite  a  favorable  public  opin- 
ion, the  promises  of  enthusiastic  friends  and 
the  important  fact  that  the  paper  had  come 
into  existence  to  fill  "long  felt  want,"  there 
was  a  conspicuous  and  lamentable  lack  of  the 
silvery  sinews  of  war.  After  eleven  days  of 
experience  the  partners  stopped  publication. 
Then  they  collected  all  the  bills  due  for  adver- 
tising, paid  off  the  printers  and  walked  to  St. 
James  Park.  Seated  on  a  bench  in  a  shady 
spot  they  divided  $27  into  three  equal  parts, 
pocketed  each  his  share  and  talked  of  emi- 
grating to  the  South  Sea  Islands. 

The  Daily  and  Weekly  Advertiser  was  pub- 
lished by  B.  H.  Cottle  from  May  to  December, 
1875.  The  Weekly  Balance  Sheet,  a  commer- 
cial paper,  was  started  by  H.  S.  Foote  in  Feb- 
ruary, 1876.  It  was  discontinued  the  next 
year.  The  California  Journal  of  Education 
was  run  for  four  weeks  in  1876.  George  Ham- 
ilton -was  the  publisher.  The  Temperance 
Champion  was  published  by  A.  P.  Murgotten 
in  1876.     It  was  discontinued  the  next  year. 

The  Pioneer,  devoted  to  the  interests  of  the 
men  of  '49  and  the  early  '50s,  was  started  by 
A.  P.  Murgotten  in  1876.  It  was  discontinued 
in  1881.  Mr.  Murgotten  was  well  fitted  for  the 
task  of  placing  on  record  the  experiences  of 
the  California  pioneers.  He  came  to  the  coast 
in  the  early  days  and  for  many  years  lived  in 
Placerville,  coming  to  San  Jose  in  1866  with 
his  brother-in-law,  W^  A.  January,  to  assist  in 
the  publication  of  the  Argus.  He  has  the  honor 
of  being  the  dean  of  the  newspaper  guild  of 
California,  his  experience  covering  fifty-five 
years,  beginning  with  "devil"  and  ending  with 
editor.  He  is  a  fluent,  graceful  writer,  with  a 
clean,  conscientious  sense  of  duty.  He  holds 
the    belt   as    correspondent,    having   been   the 


114 


HISTORY   OF   SANTA   CLARA   COUNTY 


first  to  represent  in  San  Jose  the  following  San 
Francisco  papers:  The  Alta,  Examiner,  Chron- 
icle and  Call.  During  the  famous  Normal 
School  investigation  he  sent  to  the  Call  regu- 
lar reports  of  the  proceedings  of  the  legisla- 
tive committee,  his  copy  averaging  5,000 
words  daily.  As  the  reports  were  taken  in 
long  hand  it  will  be  seen  that  Mr.  Murgotten 
had  use  for  CA'ery  minute  of  his  time.  After 
serving  as  reporter  for  the  Argus  (weekly  and 
daily)  he  started  in  business  for  himself,  in 
turn  publishing  the  Temperance  Champion, 
The  Pioneer  and  a  paper  devoted  to  the  inter- 
ests of  the  Elks.  It  was  on  The  Pioneer  that 
his  liest,  most  valuable  work  was  done.  The 
paper  Avas  the  first  of  its  kind  to  be  published 
in  the  state  and  its  great  historical  value  was 
at  once  recognized  and  appreciated.  In  these 
later  days  Mr.  Murgotten  is  liest  known  as  a 
public-spirited  citizen,  one  alwaj'S  to  the  fore 
when  projects  for  the  betterment  of  social 
conditions  are  under  consideration  or  are  on 
their  way  to  fruition. 

The  Heaillight,  an  evening  dail}',  was 
started  l)y  a  compau}-  of  printers  in  1879.  Its 
name  was  afterward  changed  to  the  Record, 
Ijut  after  a  short  time  it  retired  from  the  field. 

The  Daih^  Morning  Times  first  saw  the 
light  in  1879.  The  proprietors  were  S.  W.  De 
Lacy,  F.  B.  Murdoch,  j.  G.  Murdoch  and  F. 
W.  'Murdoch.  In  January,  1880,  Mr.  DeLacy 
became  the  sole  proprietor.  It  was  a  success- 
ful venture.  Mr.  DeLacy's  aim  was  to  present 
a  paper.  Avhich  in  its  treatment  of  local  events, 
should  be  equally  readable  and  reliable ;  in 
general,  the  implacable  foe  of  wrong,  the  in- 
flexilde  champion  of  right,  independent  at  all 
times  and  always  fearless  in  expression  of 
opinion.  But  while  success  was  his,  he  con- 
ceived the  idea  that  a  daily  newspaper  founded 
and  conducted  on  the  principles  of  the  Times 
would  flourish  in  San  Francisco.  Accordingly 
on  September  6,  1883,  he  sold  his  paper  to 
C.  M.  Shortridge  and  went  to  San  Francisco. 
There  in  1884  he  joined  forces  with  James  H. 
Barry  and  together  they  began  publication  of 
the  Daily  Evening  Star.  After  a  few  months 
of  battling  against  odds  the  Star  suspended. 
Mr.  De  Lacy  shortly  afterward  returned  an 
San  Jose  and  after  a  short  experience  in  jour- 
nalism went  tfj  Tacoma,  Wash.,  where  for 
over  twenty  years  and  until  his  death  he 
served  as  deputy  collector  of  customs.  When 
in  harness  he  was  in  his  element  v.dien  expos- 
ing liical  aliuses.  He  A\'as  scrup)u]ously  hon- 
est, a  loyal  friend  and  a  genercjus  enemy.  Al- 
fred Cridge  ^vas  editorial  writer  for  De  Lacy. 
He  \vas  a  short,  riily-poly  sort  (if  man,  gentle 
and  self-effacing.  He  re\'eled  in  hard  facts 
and   dry   statistics   and   his   collection   of   clip- 


pings overran  his  large  cabinet  of  pigeon 
lioles.  Before  his  arrival  in  San  Jose  he  had 
ser\  ed  the  Go\ernment  as  a  detective.  Dur- 
ing the  Civil  War  he  was  one  of  the  assistants 
of  Col.  L.  C.  Baker,  through  whose  agency 
John  Wilkes  Booth,  the  slayer  of  Lincoln, 
was  located  and  killed. 

The  Daily  Evening  News  was  started  and 
did  l)usiness  during  the  campaign  of  1882. 
AA'.  D.  Haley  was  the  editor. 

In  1883  H.  A.  De  Lacy,  present  under 
sherift'  of  Santa  Clara  County,  established  the 
City  Item.  Its  name  was  changed  in  1885  to 
the  Evening  News,  a  name  it  still  bears.  Mr. 
De  Lacy  came  to  California  in  1862  and  went 
at  work  as  an  engineer  at  the  New  Almaden 
mines.  In  1865  he  came  to  San  Jose  and  was 
engaged  for  several  years  in  the  business  of 
carpenter  and  c(jntractor.  In  1870  he  was  ap- 
pointed deputy  sheriff  and  soon  developed 
great  skill  as  a  detective  officer.  When  his 
term  expired  he  was  elected  constable  of  the 
township.  In  1872  he  published  The  Reporter, 
but  discontinued  it  in  order  to  devote  all  his 
time  to  his  official  business.  In  1874  he  was 
for  se\eral  months  the  lessee  and  manager  of 
the  San  Jose  C)|)era  House.  In  1883  he  started 
the  City  Item  and  the  success  of  the  venture 
was  so  pronounced  that  he  took  in  the  late 
Chas.  W\  \A^illiams  as  a  partner.  It  was  a 
strong  combination  and  the  effect  was  imme- 
diateh'  apparent.  The  business  rapidly  in- 
creased and  the  paper  has  been  enlarged  many 
times  during  the  thirt3'-five  years  of  its  exist- 
ence. In  the  early  '90s  Air.  De  Lacy  sold  out 
his  interest,  liaving  been  elected  San  Jose's 
chief  of  police.  In  that  office  Mr.  De  Lacy 
made  a  reccjrd  that  any  man  might  be  proud. 
of.  He  was  both  honest  and  resolute  in  the 
performance  of  his  duties,  and  he  soon  made 
his  name  a  terror  to  evil  doers.  At  the  expira- 
tion of  his  term  he  engaged  in  business,  serv- 
ing f(jr  seA'eral  }-ears  as  business  manager  of 
the  Daily  Mercury.  In  1910  he  was  appointed 
under  sheriff,  but  resigned  after  three  years' 
service.  In  the  1918  election  a  new  sheriff, 
George  L3de,  was  elected  and  his  first  official 
act  was  to  appoint  Mr.  De  Lacy  under  sheriff, 
a  position  he  still  holds.  He  is  considered  one 
(if  the  most  com]ietent  and  reliable  officials 
Santa  Clara  e\er  possessed. 

Chas.  "\A'.  Williams  continued  as  sole  pro- 
jirietor  (jf  the  Evening  News  until  1917,  when 
ill-health  compelled  his  retirement  from  the 
ardu(.)us  work  of  the  office.  He  sold  his  plant 
and  business  to  H.  L.  Baggerly,  for  many 
years  sporting  editor  of  the  San  Francisco 
lUilletin.  Mr.  Baggerly  is  a  live  wire  and  the 
News,  under  his  management,  has  more  than 
quadrup!e<l  in  circulation.     The  editor  is  R.  L. 


HISTORY   OF   SANTA   CLARA   COUNTY 


P)urg-ess,  whose  writings  ha\e  in  a  few  years 
given  him  a  national  repntation. 

The  Santa  Chira  A^alley,  a  monthly  journal 
devoted  to  the  horticultural  and  viticultural 
interests  of  the  community  and  the  exploita- 
tion of  the  resources  of  the  county,  was  started 
by  Maj.  Horace  S.  Foote  in  1884.  In  1886  he 
sold  out  the  paper  to  H.  A.  Brainerd,  who 
added  to  its  name  The  Pacific  Tree  and  Vine, 
thus  enlarging  its  sphere  of  usefulness.  Brai- 
nerd continued  the  publication  until  his  death 
about  twent}'  years  ago. 

It  was  while  Major  Foote  was  engaged  in 
newspaper  work  that  he  had  an  adventure  that 
he  will  never  forget.  In  the  '60s  Charley 
Barr,  an  Englishman,  kept  a  saloon  on  First 
Street  opposite  El  Dorado.  The  place  was 
patronized  largely  by  Cornishmen  from  the 
New  Almaden  and  Guadalupe  cpiicksilver 
mines.  The  rear  of  the  saloon  was  arranged 
like  an  English  tap  room  with  fireplace,  man- 
tel, pipes  and  tobacco  and  tables  for  drinking 
and  playing  cards.  The  miners  used  to  flock 
in  ever}'  Saturday  afternoon  and  usually  they 
were  quiet  and  inoffensive.  But  on  one  Satur- 
day soAiething  happened  that  made  them  boil 
with  rage.  The  something  was  a  write-up  m 
the  Independent.  The  writer  was  Major  Foote 
and  he  had  made  a  sensation  out  of  a  flying 
rumor  of  a  ghostl}-  visitation.  The  rumor  ran 
that  for  some  time  the  old  Chapman  quicksil- 
ver mine  bevond  the  cemetery  had  been  haunt- 
ed by  the  ghost  of  a  murdered  miner  and 
Foote  had  asserted  that  on  account  of  the 
ghost's  nighth'  walks  about  the  mine  residents 
on  the  Monterey  Road  were  afraid  to  pass  the 
mine  at  night.  It  was  a  well-written,  creepy 
story  and  Foote  w-as  proud  of  it  and  his  pride 
was  at  high-water  mark  when  there  entered 
his  office  a  delegation  of  enraged  Cornishmen. 
One  of  them  held  in  his  hand  a  copy  of  the 
paper  containing  the  story,  and  when  he  ad- 
dressed Foote  there  was  blood  in  his  eye. 
Foote  noticed  that  the  men  were  in  liquor  and 
it  seemed  to  him  that  they  loomed  like  giants 
in  his  little  office.  Then  a  harsh  voice  smote 
his  ear.  "Are  you  the  bloomin'  beggar  who 
wrote  this  piece?"  Foote  gave  an  affirmative 
answer.  "Then,"  went  on  the  Cornishman, 
making  no  effort  to  master  his  rage,  "You 
have  insulted  the  ghost  of  my  father  and  I'm 
going  to  do  you  up."  Foote  shivered  and  then 
looked  out  of  the  open  window  with  the  idea 
of  jumping  to  the  sidewalk.  But  the  distance 
appalled  him,  so  he  concluded  to  leave  his  fate 
in  the  hands  of  the  irate  miners.  He  had 
heard  of  the  actions  of  Cornishmen  when 
crazed  with  drink  and  out  for  retaliation  on 
enemv  or  enemies,  and  the  thought  that  he 
mio-ht  be  seized,  thrown  to  the  floor  to  have 
his'^ribs  crushed  by  hob-nailed  boots,  was  not 


a  Comforting  one.  lUit  he  got  a  firm  grip  on 
his  nerves  and  replied:  "You  must  be  mis- 
taken. 1  ha\e  not  insulted  the  ghost  of  your 
father.  1  have  ne\'er  in  my  life  spoken  disre- 
spectfully of  a  ghost.  In  fact  it  is  my  rule  to 
treat  ghcjsts  with  the  utmost  courtesy.  Eet 
me  read  the  article  to  you.  1  am  sure  you 
must  have  mistaken  my  meaning."  "All  right," 
grunted  the  son  of  the  ghost,  "Go  ahearl." 

Fo(ite  braced  up,  took  the  jKiper  and  pre- 
pared tc>  make  a  fight  for  his  life.  y\s  he  read 
he  interlarded  the  storj'  with  comments  com- 
mcndatory  both  of  the  ghost's  activities  and 
of  the  character  of  the  miner  before  he  became 
a  ghost.  The  reading  linished  he  noted  with 
satisfaction  that  the  hands  of  the  son  of  the 
ghost  were  no  longer  clinched  but  were  hang- 
ing quite  naturally  by  his  side.  "Perhaps," 
said  the  spokesman  for  the  Cornishman,  "I 
was  in  the  wrong,  and  perhaps  you  have  been 

stringing  me.     If  I   thought "  here  Foote 

broke  in  quickly.  He  wished  to  cement  the 
impression  the  reading  had  made.  "Listen 
further,"  he  said.  Then  he  went  on  in  an  ex- 
temporized speech  to  extol  the  virtues  of  the 
men  of  Cornwall.  He  expatiated  on  their  hard 
work,  their  love  for  their  wives  and  children; 
their  honesty  and  their  generosity.  As  a  law- 
yer making  a  plea  for  his  client  he  made  such 
a  plea  for  himself  as  aroused  generous  emo- 
tions in  the  breasts  of  his  visitors.  He  wound 
up  with  an  eloquent  peroration  that  quite  set- 
tled the  business,  for  the  Cornishmen  patted 
him  on  the  back,  declared  he  was  a  gentleman 
and  a  scholar  and  invited  him  over  to  Charley 
Barr's  to  drink  the  health  of  His  Honor,  the 
Spook. 

The  Scooper,  a  humorous  weekh',  came  out 
in  1885.  The  prtiprietors  were  E.  T.  Sawver 
and  John  T.  Wallace.  Mr.  Wallace,  who  after- 
wards became  justice  of  the  peace  and  held  of- 
fice until  his  death  a  few  years  ago,  sold  out 
his  interest  to  his  partner,  after  a  few  months' 
experience.    The  Scooper  lived  until  1886. 

The  Santa  Clara  Index  was  started  in  1870 
by  a  company  of  printers.  W.  W.  Elliott  was 
the  editor.  One  day  he  had  an  altercation 
with  W.  G.  Wilson,  the  foreman  of  the  com- 
|)osing  room.  Office  furniture  took  the  place 
of  fists  and  Elliott  emerged  with  a  bruised 
head  and  a  Ijroken  arm.  His  life  reads  like  a 
romance.  Erratic,  brilliant,  nervotis,  "his  own 
"worst  enemy,"  he  moved  from  place  to  place, 
ne\er  satisfied  but  always  optimistic.  He  was 
a  pioneer  resident  of  the  state  and  in  the  late 
'50s  went  to  Australia.  Returning  after  an  ab- 
sence of  several  v'ears,  during  ^vhich  he  was 
sailor,  gold  prospector,  theatrical  agent  and 
merchant,  he  enlisted  in  the  L^nion  army  ana 
rose  to  the  rank  <if  major.  A\'hen  the  assas- 
sination  of   Lincoln   occurred   he   was   in   San 


116 


HISTORY   OF   SANTA   CLARA   COUNTY 


Francisco  and  was  one  of  the  leaders  of  the 
mob  that  \\Tecked  several  offices  of  newspa- 
pers that  had  published  wdiat  were  considered 
disloyal  editorials.  To  escape  possible  prose- 
cution he  fled  to  Mexico,  entered  the  service 
of  Juarez,  the  famous  Mexican  general  and 
president  and  was  present  as  a  member  ot 
Juarez'  body  guard  at  the  execution  of  Max- 
imilian. A  prominent  position  under  the  Mex- 
ican government  was  offered  him,  but  he  had 
become  tired  of  Mexican  life  and  longed  for 
the  climate  and  society  of  California.  He  re- 
turned to  San  Francisco  in  time  to  take  a 
prominent  part  in  the  gubernatorial  election  of 
1867.  Henry  H.  Haight,  the  Democratic  can- 
didate, was  elected  and  Elliott,  as  a  reward 
for  his  services,  was  appointed  assistant  adju- 
tant general  of  the  state.  He  resigned  after 
serving  but  half  his  term  and  came  to  Santa 
Clara  and  became  one  of  the  partners  in  the 
publication  of  the  Index.  His  row  with  Fore- 
man Wilson  terminated  his  career  in  Santa 
Clara.  Removing  to  San  Jose  he  spent  sev- 
eral years  in  doing  editorial  work  for  the  local 
newspapers. 

In  the  early  70s  while  the  State  Normal 
School  was  under  construction  a  scandal  arose 
over  the  work  of  the  contractor,  the  Legisla- 
ture ordered  an  investigation,  a  committee  for 
the  purpose  was  appointed  and  the  sessions 
were  held  in  the  court  house.  Before  the  tak- 
ing of  testimony  it  became  necessary  to  ap- 
point a  stenographer.  There  were  but  few 
short-hand  writers  in  those  days  and  there- 
fore competition  was  not  lively.  One  of  the 
applicants  for  the  position  was  Elliott  and 
through  Icjcal  influence  he  was  chosen  for  the 
position.  And  now  was  shown  an  instance  of 
monumental  nerve.  Elliott  knew  no  more, 
practically  or  theoretically  of  the  system  of 
shorthand  writing  than  an  infant  in  arms.  But 
he  was  a  rapid  writer,  had  a  system  of  abbre- 
viated long  hand  and  a  memory  that  was  mar- 
velous. He  sat  in  a  corner,  allowed  no  one  to 
look  at  his  hieroglyphics  and  succeeded  in 
"pulling  the  wool"  over  the  eyes  of  the  mem- 
bers of  the  committee  and  the  attorneys  pres- 
ent, although  more  than  once  he  found  him- 
self in  an  exceedingly  tight  place.  He  was 
frequently  asked  during  the  progress  of  the 
investigation  to  read  certain  portions  of  the 
testimony  and  it  more  than  once  happened 
that  neither  his  notes  nor  his  memory  tallied 
with  the  facts,  which  were  mainly  in  the  line 
of  statistics.  But  his  unblushing  assurance 
saved  his  face  and  he  was  permitted  to  make 
the  necessary  corrections  without  receiving 
other  than  an  admonition  to  be  more  careful 
in  the  future.  Elliott  afterward  declared  that 
he   worked   harder   to   earn   the   few   hundred 


dollars  that  his  position  netted  him  than  he 
had  at  anything  before  undertaken.  He  was 
required  to  transcribe  each  day  the  notes  he 
had  taken  during  the  session.  This  work  was 
done  late  at  night  in  order  that  he  might  have 
as  assistants  to  notes  and  memory  the  proof 
sheets  of  the  fairly  full  reports  given  by  the 
morning  paper. 

In  1872  Elliott's  roving  disposition  led 
him  first  to  Stockton,  then  to  Salinas. 
While  doing  editorial  work  in  the  last 
named  city,  the  shooting  of  Mrs.  Nicholson 
by  Matt  Tarpey,  the  politician,  followed  by 
the  lynching  of  Tarpey  occurred.  Elliott,  act- 
ing as  correspondent  of  a  San  Francisco  paper, 
met  the  mob  half  way  between  Salinas  and 
Monterey.  Tarpey  had  been  taken  from  the 
Monterey  jail  and  his  captors  were  preparing 
to  hang  him  to  a  tree  when  Elliott  arrived.  At 
Tarpey's  request  Elliott  took  down  the 
doomed  man's  last  will  and  testament  and 
then  saw  the  mob  carry  out  its  work.  Shortly 
after  this  occurrence  Elliott  was  elected  city 
marshal  of  Salinas.  At  the  expiration  of  his 
term  he  engaged  in  the  hotel  business  in  Santa 
Rita,  but  a  too  strenuous  life  had  undermined 
^vhat  had  been  a  strong  constitution,  and  so, 
after  a  few  years  he  gave  up  active  business 
and  resumed  the  life  of  a  rover.  In  the  early 
'90s  he  reappeared  in  San  Jose,  did  a  few  days' 
work  on  one  of  the  daily  papers  and  then  dis- 
appeared. About  a  year  later  he  died  in  the 
vSoldiers  Home  at  Yountville. 

Another  editor  with  a  record  was  Allen  P. 
Kelly,  who  died  in  Los  xAngeles  five  years 
ago.  In  the  late  '70s  Kelly  was  the  editor  of 
the  San  Jose  Herald,  then  under  the  manage- 
ment of  genial  Nick  Bowden,  the  attorney.  In 
1880  he  collaborated  with  E.  T.  Sawyer  in  the 
\\riting  of  ''Loyal  Hearts,"  a  military  drama, 
founded  on  incidents  of  the  Civil  War.  After 
the  production  of  the  play  at  Stockton,  the 
late  Governor  James  H.  Budd,  playing  one  of 
the  principal  roles,  Kelly  went  to  Virginia 
City  and  worked  under  Arthur  McEwen  until 
called  by  William  Randolph  Hearst  to  do  fea- 
ture work  for  the  San  Francisco  Examiner. 
/\fter  distinguishing  himself  by  the  rescue  of 
imperiled  seamen  from  a  rock  in  the  bay,  he 
was  detailed  by  Hearst  to  go  south  and  cap- 
ture a  grizzly  bear.  He  was  allotted  three 
months  in  which  to  do  the  work.  Kelly  se- 
lected Ventura  County  as  his  field  of  opera- 
tion. At  the  expiration  of  three  months  there 
was  no  bear  in  sight  and  therefore  Hearst  or- 
dered him  to  return  to  San  Francisco.  But 
Kelly  refused  to  leave  the  hills.  The  deal  was 
oft'  and  his  salary  had  stopped,  but  still  he  per- 
sisted in  scouring  the  hills  for  a  grizzly.  One 
day   he   entered   Hearst's   office   in   San   Fran- 


HISTORY   OF   SANTA   CLARA   COUNTY 


17 


Cisco  and  said:  'T  have  corraled  mister  bear. 
He  is  at  the  depot  in  a  cage.  He  is  for  sale. 
Will  you  buy  him?"  Hearst  said  he  would 
buy  the  beast  if  a  price  could  be  agreed  upon. 
Kelly  saw  to  it  that  the  sum  proposed  and  ac- 
cepted would  cover  his  expenses  and  leave  a 
comfortable  sum  for  his  work.  The  grizzly 
was  named  Alonarch  and  for  many  years  was 
one  of  the  attractions  at  Gulden  Gate  Park. 

His  long  outing  in  the  Ventura  hills  had 
given  Kelly  a  taste  for  out-door  life.  He  gave 
up  newspaper  work  and  entered  the  service  of 
the  state.  As  state  forester  he  made  an  en- 
viable record  and  the  state  was  the  loser  when 
he  resigned  his  position  to  re-enter  the  news- 
paper field.  For  awhile  he  published  a  paper 
in  Las  Vegas,  N.  M.  As  it  was  not  a  money- 
making  proposition  he  sold  out  and  went  "to 
Philadelphia  to  fill  a  position  on  the  North 
American.  A  couple  of  years  before  his  death 
he  returned  to  California  and  for  awhile  was 
editor  of  a  paper  published  in  Imperial  Valley. 

The  Enterprise,  a  weekly  paper,  was  pub- 
lished in  Mayfield  by  W.  H.  Clipperton  in 
1869-70.  It  was  afterward  removed  to  Gilroy 
and  the  name  changed  to  the  Gilroy  Telegram, 
but  was  discontinued  after  a  few  months. 

The  Gilroy  Advocate  was  established  at 
Gilroy  September  1868  by  G.  M.  Hanson  and 
C.  F.  Macy.  In  1869  it  went  into  the  hands 
of  Kenyon  and  Knowlton  and  in  1873  to  Mur- 
phy and  Knowlton.  In  the  same  year  H.  Cof- 
fin became  publisher  and  was  succeeded  in 
1875  by  H.  C.  Burckhart.  In  January  1876,  J. 
C.  Martin  took  charge  and  was  succeeded  by 
Rev.  D.  A.  Dryden  in  October  of  the  same 
year.  The  paper  was  soon  afterwards  leased 
to  Frank  Dryden  and  J.  Vaughn,  who  con- 
ducted it  a  few  months  and  then  turned  it  over 
to  F.  W.  Blake,  who  continued  as  proprietor 
until  his  death  in  1907,  when  his  son,  W.  F. 
Blake,  took  charge. 

The  Gilroy  Crescent  was  established  in  Jan- 
uary, 1888,  by  R.  G.  Einfalt.  It  had  a  short 
existence. 

The  Gilroy  Valley  Record  was  first  issued  in 
May,  1881,  E.  S.  Harrison,  publisher.  In  1884 
it  went  into  the  hands  of  B.  A.  Wardell  who 
changed  the  name  to  the  Gilroy  Gazette. 
Other  publishers  of  the  paper  up  to  1919,  were 
E.  D.  Crawford,  John  C.  Milnes,  L.  C.  Kinney 
and  R.  G.  Einfalt.  Kirkpatrick  and  Johnson 
are  the  present  proprietors. 

The  Los  Gates  Weekly  Mail  was  estab- 
lished in  1884  by  H.  H.  Main.  After  eight 
months'  experience  Main  sold  the  paper  to  W. 
P.  Hughes.  In  1886  Hughes  sold  to  Walker 
and    Fellows.      Other   publishers   were    D.    D. 


liowman,  W.  S.  Walker,  A.  B.  Smith  and  A.  E. 
Falch.  In  1918  the  Mail  was  consolidated  witli 
the  News.  The  News  was  started  in  July, 
1881,  l)v  W.  S.  Walker,  who  afterward  sold  to 
W.  P..  Trantham,  C.  C.  Suydam  and  G.  Web- 
ster. In  March,  1886,  Welxster  sold  his  inter- 
est to  his  partners.  Afterward  Suydam  with- 
drew from  the  firm.  Trantham  was  sole  pro- 
prietor when  the  consolidation  of  the  two 
papers  took  place. 

In  1885  a  weekly  jjaper  called  the  Courier 
was  published  at  Mountain  View  by  George 
Wagstatif.     It  lasted  but  a  few  months. 

The  Mountain  View  W^eekly  Register  com- 
menced publication  in  April,  1888,  with  Frank 
Bacon  (now  a  noted  eastern  actor)  and  Harr}' 
Johnston.  Afterward  came  The  Leader.  In 
1904,  P.  Milton  Smith  took  charge  of  both 
papers  and  consolidated  them  under  the  name 
of  the  Register-Leader. 

The  Santa  Clara  Inde.x  was  established  in 
1869  by  a  syndicate  of  printers.  It  lived  for 
a  few  years  and  was  followed  by  the  Santa 
Clara  News  which  had  as  publishers  C.  A. 
Gage,  F.  E.  Ellis,  Mason  &  Widney,  and  H.  R. 
Roth.  In  1920  Roth  sold  a  half  interest  to 
Lawrence  Lockney. 

The  Santa  Clara  Journal  was  established  by 
N.  H.  Downing  in  1889.  He  died  in  Decem- 
ber, 1904,  and  the  paper  has  since  been  pub- 
lished by  his  daughter  under  the  firm  name  of 
B.  &  B.  Downing. 

The  Mayfield  News  is  published  by  W.  F. 
Nichols.  It  came  into  existence  several  years 
after  the  removal  of  the  Enterprise. 

The  Campbell  Press  is  published  by  Harry 
Smith.  It  was  started  by  E.  C.  Hurlbert  in 
1895. 

The  Morgan  Hill  Times  was  established  in 
1898  by  G.  K.  Estes.  He  sold  to  H.  V.  Pillow 
in  1918. 

The  Saratoga  Star  is  a  recent  publication. 
L.  C.  Dick  is  the  proprietor. 

The  Sunnyvale  Standard  was  established  in 
1903.     W.  K.  Roberts  is  the  publisher. 

The  Palo  Alto  Times  is  published  by  G.  F. 
Morell  &  Co.  It  has  been  in  e.^cistence  for 
twenty-eight  years,  having  been  started  b}- 
A\\  H.  Simpkins. 

The  Pacific  Poultry  Breeder  was  established 
in  San  Jose  in  1885  by  Chas.  R.  Harker.  With 
one  exception  it  is  the  only  paper  of  its  kind 
published  in  the  United  States. 

Rajr  W.  Harden  started  the  Sul^urban  Citi- 
zen in  1914.  In  1922  it  was  changed  to  pocket 
size.  It  has  won  success  by  appealing  to  the 
between  town  and  rural  reader. 


CHAPTER   IX. 

Early  Days  of  the  Drama  in  San  Jose — The  First  Theater — Stark's  Disgust — 
Other  Theaters  and  Interesting  Reminiscences  of  Actors,  Professional 
and  Amateur — A  Few  of  the  Old-Time  Minstrels. 


Those  who  are  left  of  the  pioneers  of  San 
Jose,  the  sturdy,  adventurous  men  and  women 
who  planted  the  stakes  fur  the  advanced  civili- 
zation of  tuda}',  look  back  with  pride  and 
pleasure  to  the  early  days  of  the  drama  in  San 
Jose.  They  recall  the  professional  work  of 
actors  and  actresses  of  world-wide  fame,  whose 
performances,  if  given  nowadays  would  awak- 
en the  highest  interest,  and  they  linger  long 
and  lovingly  over  favorite  names  and  plays, 
peerless  productions  and  delightful  dramatic 
incidents.  Those  were  the  days  of  stock  com- 
panies, in  which  the  actor  to  win  a  high  place 
in  the  profession  had  to  study  and  strive  years 
upon  years  and  to  appear  in  such  a  round  of 
characters  as  to  establish  a  i)erfect  claim  to 
dramatic  versatility  and  merit.  In  the  mimic 
world  of  that  day  lived  and  flourished  Junius 
Brutus  Booth,  Edwin  Forrest,  Charlotte  Cush- 
man,  Edwin  Booth,  Julia  Dean  Ha3me,  E.  L. 
Davenport,  James  E.  Murdoch  and  James 
Stark. 

To  James  Stark  is  due  the  credit  of  estab- 
lishing the  first  theater  in  San  Jose.  The  year 
\vas  1859  and  he  was  then  in  the  height  of  his 
fame,  having  but  recently  returned,  with  his 
wife,  from  a  highly  successful  engagement  in 
Australia.  Of  all  the  tragedians  who  came 
after  him,  but  one  bore  any  resemblance  to  him 
in  style,  appearance  and  ability  and  that  one 
was  John  McCullough.  It  must  in  justice  be 
said,  however,  that  Stark  had  the  finer  intelli- 
gence, and  that  in  the  parts  calling  for  deep, 
dramatic  insight  and  the  interpretation  of  the 
subtler  shades  of  human  emotion,  he  excelled 
the  genial  McCullough,  whose  forte  was  not 
exactly  in  the  line  of  the  purely  intellectual, 
but  in  the  delineation  of  the  heroic  and  the 
muscular.  Endowed  with  a  splendid  physiciue, 
an  imposing  carriage,  a  deep,  resonant,  finely- 
modulated  voice  and  true  c(mception  of  drama- 
tic requirements,  added  to  a  rare,  personal 
magnetism,  Stark  compelled  attention  and  won 
the  most  enthusiastic  plaudits  for  his  perform- 
ances. In  the  summer  of  1859  he  purchased  a 
lot  on  First  Street,  opposite  the  site  of  the 
present  Victory  Theater  and  upon  it  erected 
vSan  Jose's  first  place  of  dramatic  amusement. 
The  building,  which  was  of  wood,  had  an  ex- 
cellent stage  and  all  the  appliances  of  the  regu- 
lation theaters  of  those  days.  The  grand  open- 
ing took  place  on  the  tenth  of  October  and  the 


bill  was  Richelieu  with  Stark  as  the  "Cardinal 
Duke"  and  J\Irs.  Stark  as  "Julie  de  Mortimar." 
The  price  of  admission  to  all  the  plays  was  one 
dollar,  both  for  dress  circle  and  parquet.  Each 
program  printed  by  the  late  C.  E.  Vates,  con- 
tained the  announcement,  "Children  in  arms 
not  admitted." 

Mrs.  Stark  was  a  star,  as  well  as  her  hus- 
band. Her  first  husband  was  J.  H.  Kirby,  the 
tragedian,  who  died  in  San  Francisco  after 
playing  an  engagement  at  Maguire's  Opera 
House.  His  great  specialty  was  Richard  III, 
and  so  powerful  was  his  acting  in  the  death 
scene  that  it  became  the  delight  of  the  gallery 
and  perpetuated  the  well-known  request, 
"Wake  me  up  when  Kirby  dies." 

Belle  Devine,  the  ingenue  of  Stark's  com- 
pany was  a  great  favorite  and  during  her  stay 
in  San  Jose  she  was  the  idol  of  the  male 
younger  set.  After  her  season  at  Stark's  Thea- 
ter she  married  George  Pauncefote,  an  English 
act(jr,  who  in  1866  engineered  a  remarkable 
polyglot  entertainment  at  the  American  Thea- 
ter in  San  Francisco.  The  play  was  Othello. 
The  title  role  was  enacted  by  Pauncefote  in 
English,  "lago"  was  given  in  French,  "Cassio" 
in  Danish  and  "Roderigo"  in  Spanish.  The 
audience  was  large  but  the  play  only  ran  one 
night.  Afterward  Pauncefote  went  to  China 
and  never  returned. 

Two  very  popular  members  of  Stark's  com- 
pany were  Harry  Brown,  who  did  the  juveniles 
and  walking  gents  ;  and  Nellie  Brown,  his  wife, 
who  was  the  soubrette.  Brown  afterward 
joined  the  stock  company  at  Maguire's  Opera 
House,  San  Francisco,  and  some  years  after 
the  death  of  his  wife  married  Mrs.  Harry  Jack- 
son, an  English  actress  of  high  reputation, 
whose  "Lady  Macbeth"  was  considered  one  of 
the  finest  assumptions  in  the  history  of  the 
American  stage. 

In  building  the  theater  Stark  was  financially 
assisted  by  the  late  James  R.  Lowe,  Sr.  The 
obligation  was  satisfied  out  of  the  proceeds  of 
the  first  "five  weeks'  performances.  During 
these  five  weeks,  though  San  Jose  then  had 
less  than  5,000  population,  the  houses  were 
large  and  the  interest  intense.  The  same 
patrons  would  attend  the  theater  night  after 
night,  so  strong  and  well  balanced  was  the 
company,  so  meritorious  the  plays  and  so  at- 
tractive the  personality  of  Stark  and  his  tal- 


HISTORY   OF   SANTA   CLARA   COUN'lA' 


119 


ented  wife.  The  leading-  man  of  the  conil)ina- 
tion  was  Walter  Hray,  who,  when  his  enoatje- 
ment  ended,  forsook  the  sock  and  Iniskin  to 
bask  in  the  smiles  of  Momus.  A  lew  \ears 
later  he  was  known  as  one  of  the  brijjhtes't  and 
niost  successfid  Kthiopean  comedians  on  the 
Coast.  For  a  time  he  was  associated  with  Joe 
Mvirphy,  then  more  appreciated  as  a  l)one 
player  than  a  negro  minstrel. 

At  the  conclnsion  of  the  five  weeks'  season, 
Stark  took  his  company  to  Sacramento  \\-here 
the  San  Jose  success  was  repeated.  Then 
came  what  tdd  San  Franciscans  will  ah\-a_\'s  re- 
member— the  i)henomenal  engagement  at  J\la- 
guire's  Opera  Flouse  in  which  Stark  appearing 
in  his  round  of  Shakespearean  characters,  was 
hailed  as  one  of  the  few  great  interpreters  of 
"Hamlet,"  "Othello,"  "Macbeth,"  "Brutus," 
"Richard  HF'  and  "King  Lear." 

Fresh  from  his  metropolitan  triumphs  Stark 
returned  to  San  Jose  and  for  three  weeks 
crowded  the  benches  of  the  theater,  easily  re- 
peating the  success  of  his  opening  season. 
Now  it  was  that  he  determined  to  make  the 
Garden  City  his  permanent  place  of  residence, 
for  from  the  substantial  patronage  bestowed 
upon  him  in  the  past  he  had  acquired  the  faith 
to  believe  that  the  future  was  filled  with 
golden  promises.  He  purchased  the  propert}^ 
bounded  by  Second,  Julian  and  Fourth  Streets 
and  the  line  of  the  proposed  Western  Pacific 
railway  and  upon  it  erected  a  handsome  dwell- 
ing. Subsequently  he  went  to  Virginia  City, 
Nev.,  to  open  a  theater  there  and  made  con- 
siderable money.  Seats  for  the  first  night  sold 
as  high  as  $500  each  and  the  late  Senator  W^il- 
liam  Sharon  was  credited  with  ha\'ing  paid 
$500  a  night  for  a  set  of  seats  for  his  friends 
for  the  entire  engagement. 

Again  returning  to  San  Jose  Stark  ])egan 
his  last  series  of  performances  in  the  theater 
upon  which  he  had  builded  so  many  glowing 
hopes.  He  had  advertised  a  three  weeks'  sea- 
son, but  owing  to  the  scarcity  of  money  which 
prevailed  at  that  time,  the  attendance  dimin- 
ished so  that  the  three  weeks  were  shortened 
to  two.  On  the  night  of  the  closing  perform- 
ance there  was  a  "beggarly  array  of  empty 
benches."  Then  the  distinguished  tragedian 
came  forth  in  his  wrath  and  made  a  speech  to 
the  audience  in  which  he  reproached  the  citi- 
zens of  San  Jose  for  their  lack  of  appreciation 
of  his  efforts,  closing  with  the  announcement 
that  he  should  never  appear  in  that  theater  or 
in  San  Jose  again.  He  was  as  good  as  his 
word.  He  sold  his  theater  property  to  Judge 
William  T.  Wallace  and  his  fine  residence 
property  to  Hon.  S.  O.  Houghton. 

Shortly  before  this  there  had  been  differ- 
ences between  Stark  and  his  wife,  wdiich  after 
a  time  culminated  in  a  divorce.     Mrs.  Stark  re- 


mained single  for  :i  lew  \ears  and  then  mar- 
ried Dr.  Gray,  of  New  York,  who  ])ossessed  a 
handsome  fortune  which  Ijecame  hers  when  he 
died.  Her  last  husband  was  Charles  i\. 
Thome,  Sr.,  a  \eteran  actor  and  manager  and 
father  of  Charles  l\.  'Fhorne,  Jr.,  and  Fdwin 
Tliorne,  the  actors. 

Misfortune  overtook  Stark  in  his  later  years. 
I'^or  a  time  he  played  with  Edwin  liooth,  but 
after  a  stroke  of  ])aralysis,  was  forced  to  aban- 
don the  stage.  His  fortune  was  exhausted  in 
endeavoring  to  obtain  relief  and  when  in  dire 
|)ecuniarv  extremit}'  he  was  rememl)ered  hy 
his  \\'ife  of  former  daws,  wIkj  sent  him  a  large 
sum  of  mone}'.  Fie  died  in  the  East  about 
forty  years  ago.  Mrs.  'Fhorne  passed  away  in 
San  Francisco  in   1898. 

Samuel  W.  Piercy,  who  died  of  small-pox  in 
Ijoston  in  1882,  after  having  reached  the  top  of 
his  profession  as  an  actor,  made  his  first  ap- 
pearance on  any  stage  in  Stark's  Theater  in 
1865.  The  theater  was  also  the  scene  of  the 
debut  of  John  W.  Dunne,  who  became  a  popu- 
lar actor  and  manager  and  is  now  a  resident 
of  New  York  City. 

After  Stark's  departure  the  theater,  with 
name  changed  to  the  San  Jose  Theater,  was 
turned  over  to  traveling  companies  whose  en- 
gagements were  few  and  far  between.  The 
last  performances  given  within  its  walls  were 
on  the  15th  and  16th  of  March,  1867,  by  Robert 
Fulfopd's  San  Francisco  Dramatic  Company. 
The  plays  were  Michael  Erie,  Don  Caesar  de 
Bazan  and  The  Lady  of  Lyons.  In  Michael 
Erie  the  principal  characters  were  taken  by 
Fulford,  Harry  Colton,  W.  M.  Martial,  E.  T. 
Sawyer,  Miss  Teresa  Berrie  and  Belle  De 
Nure.  In  April,  1867,  the  theater  was  con- 
verted into  a  carriage  factory  and  leased  to 
Hunt  &  Add.  Alterations  for  other  classes  of 
business  were  made  as  the  years  rolled  on. 
The  building  still  stands,  but  there  is  nothing 
in  its  appearance  to  convey  the  faintest  sug- 
gestion that  it  once  covered  the  appurtenances 
of  a  theater. 

From  1867  to  1870  San  Jose  theater-goers 
had  to  content  themselves  with  the  meager  and 
unsatisfactory  accommodations  of  Armory 
Hall  on  Santa  Clara  Street,  near  Third.  Rol)- 
ert  Fulford  did  play  "Hamlet"  there  on  an  im- 
provised stage  with  a  few  rickety  wings  con- 
stituting the  entire  set  of  scenery  and  the 
ghost  arrayed  in  a  horse  blanket  besprinkled 
with  small  squares  of  tin  to  represent  a  coat 
of  mail.  W^hen  "Hamlet,"  stepped  on  the  end 
of  a  floor  board  which  had  not  been  nailed 
down,  causing  the  other  end  to  strike  the 
"King  of  Denmark"  and  knock  him  against  the 
wing,  there  was  a  cjuick  collapse  of  the  whole 
stage  furniture  and  an  inglorious  termination 
of  the  performance. 


120 


HISTORY  OF   SANTA   CLARA   COUNTY 


In  1870  Gustav  Brohaska,  the  proprietor  of 
Armory  Hall,  converted  the  place  into  a  first- 
class  theater  and  named  it  the  San  Jose  Opera 
House.  The  opening  night  was  August  18, 
and  London  Assurance  was  given  in  superb 
style  by  the  John  T.  Raymond  Dramatic  Com- 
panv.  Raymond,  than  whom  a  neater  low 
comedian  never  tickled  the  risibilities  of  an 
American  audience,  was  "Mark  Meddle"  and 
his  wife,  handsome  and  popular  Marie  Gordon, 
was  "Lady  Gay  Spanker."  Then  followed  a  sea- 
son of  prosperity,  of  fine  actors  and  good 
pliys.  At  this  house  appeared  such  popular 
favorites  as  John  McCuUough,  Barton  Hill, 
James  O'Neill,  Robson  &  Crane,  "Billy"  Flor- 
ence, Thomas  \V.  Keene,  Lawrence  Barrett, 
James  Garden,  James  A.  Heme,  Harry  Cour- 
taine,  Joseph  Proctor,  Joe  Murph}-,  Sue  Robin- 
son, Jennie  and  Alicia  Mandeville,  Fay  Tem- 
pleton,  Elbe  Wilton,  Mrs.  Sophie  Edwin,  Mrs. 
Judah,  Annie  Louise  Cary,  Clara  Louise  Kel- 
logg and  Caroline  Richings.  Proctor's  connec- 
tion lasted  several  years  as  he  was  then  man- 
aging a  circuit  of  theaters.  He  was  the  crea- 
tor of  that  wonderful  character  in  melodrama, 
"The  Jibbenainosay,"  for  many  years  the  piece 
de  resistance  of  the  Bowery. 

H.  A.  De  Lacy  was  the  lessee  of  the  theater 
in  1874  and  one  of  his  first  attractions  was  Fay 
Templeton,  the  charming  vocaHst  and  child 
actress.  James  A.  Heme,  whose  "Shore 
Acres,"  netted  him  a  fortune,  \\'as  a  mentber  of 
the  company.  One  of  his  great  parts  ^vas  "Rip 
Van  Winkle,"  declared  by  David  Belasco  to 
be  superior  to  the  "Rip"  of  Joseph  Jefl^erson. 

It  was  at  this  theater  that  Eleanor  Calhoun, 
afterward  a  popular  London  actress  and  at 
present  writing  the  wife  of  Prince  Lazarovich 
of  Serbia,  made  her  first  appearance  on  any 
stage  in  E.  T.  Sawyer's  military  drama, 
"Loyal  Hearts."  The  cast  was  a  local  one, 
John  T.  Malone  and  H.  A.  De  Lacy  sustaining 
the  leading  male  roles.  Malone,  who  was  dep- 
uty district  attorney  at  the  time,  afterwards 
adopted  the  stage  as  a  profession,  became  an 
eastern  star  and  died  while  officiating  as  sec- 
retary of  the  Players'  Club,  founded  by  Edwin 
Booth,  in  New  York  City. 

On  the  morning  of  July  5,  1881,  the  Opera 
House  was  burned  to  the  ground.  But  San 
Jose  was  not  left  without  a  place  of  amuse- 
ment, for  the  California  Theater  on  Second 
Street  near  San  Fernando,  had  been  running 
for  several  years. 

The  California  Theater  \\'as  erected  by 
Hayes  &  Downer  in  1878-79  and  was  formally 
opened  on  May  12th,  1879,  by  a  company  of 
amateurs.  The  play  was  "Evadne"  and  the 
performers  were  J.  J.  Owen,  editor  of  the 
Mercury;  J.  H.  Campl^ell,  for  many  years  dean 
of  the  law  department  of  the  Santa  Clara  Uni- 


versity ;  Charles  F.  Macy,  who  died  in  Chel- 
sea, Mass.,  in  1898;  Prof.  J.  G.  Kennedy,  city 
school  superintendent,  now  with  the  dead ; 
Charles  M.  Shortridge,  lawyer,  newspaper 
publisher  and  state  senator,  who  passed  away 
in  1919,  and  Miss  Mattie  Patton,  who  after- 
ward became  the  wife  of  J.  J.  Owen.  She  died 
a  few  years  ago.  For  the  occasion  a  poem 
written  by  the  late  S.  W.  De  Lacy,  then  pro- 
prietor of  the  Times,  was  appropriately  re- 
cited by  Mrs.  Ida  Benfey,  the  elocutionist. 

During  the  few  years  of  its  existence,  the 
California  was  managed  most  of  the  time  by 
the  late  Chas.  J.  Martin,  who  served  as  mayor 
of  the  city  for  three  terms.  He  made  many 
notable  engagements.  It  was  at  this  house 
that  the  famous  production  of  "The  Rivals," 
with  Joseph  Jefiferson  and  Mrs.  John  Drew  in 
the  cast,  was  given.  Edwin  Booth,  W.  E. 
Sheridan,  Laurence  Barrett,  Thomas  W. 
Keene,  Louis  James,  Frederic  AVarde,  W.  H. 
Crane,  Stuart  Robson,  John  E.  Owens,  E.  S. 
Willard,  Joseph  G.  Grismer,  Nat  Goodwin, 
Louise  Davenport,  Minnie  Maddern  (who 
later  became  Mrs.  Fiske),  Ada  Cavendish  and 
others  appeared. 

Like  the  Opera  House  the  California  The- 
ater went  up  in  smoke  on  the  night  of  July 
2,  1892.  In  the  same  fire  the  buildings  on  the 
lilock  half  way  to  Santa  Clara,  together  with 
the  South  Methodist  Church  and  other  build- 
ings across  the  street  were  burned. 

Two  months  after  the  destruction  of  the 
California  Theater  the  Auditorium  was  doing 
lousiness  under  the  management  of  Walter 
Morosco,  of  the  San  Francisco  Grand  Opera 
House.  The  building  had  formerly  been 
known  as  Horticultural  Hall,  but  was  without 
a  proper  stage  or  theatrical  appointments. 
Some  of  these  necessities  were  furnished  when 
Morosco  took  charge,  others  by  Chas.  P.  Hall 
when  he  came  in  as  Morosco's  successor. 

Other  lessees  of  the  Auditorium  Avith  its 
later  name,  the  Garden  City  Theater,  were 
AVebster  &  Ross,  Frank  Bacon  and  a  vaude- 
ville combination.  During  its  few  years  of 
existence  there  appeared  such  attractions  a^ 
Thomas  W.  Keene,  Ward  and  James,  Robert 
Downing,  John  W.  Dunne  and  Mary  Marble, 
Richard  Mansfield,  Nat  Goodwin,  Mme.  Mod- 
jeska,  James  A.  Heme;  De  Wolf  Hopper, 
John-  Drew,  Henry  Miller,  The  Bostonians, 
Herbert  Kelsey,  Robert  Mantell,  Maxine  El- 
liott, Mrs.  Leslie  Carter  and  Fannie  Daven- 
port.    Fire  destroyed  the  building  in  1918. 

The  Victory  Theater,  erected  b}^  Senator 
James  D.  Phelan,  was  opened  to  the  public  on 
tlie  evening  of  February  2,  1899.  An  audience 
that  filled  every  seat  applauded  to  the  echo  the 
fine  acting  of  the  performers  in  "The  School 
for   Scandal,"   the  play  selected   for  the  occa- 


HISTORY   OF   SANTA   CLARA   CoUNTY 


121 


sion.  Louis  Janios,  Frederick  W'arde,  Marry 
Langdoii  and  Kathr)-n  Kidder  had  the  princi- 
pal parts,  and  the  performance  as  a  whole  was 
a  clean-cut  exhibition  of  high  dramatic  art. 
Charles  P.  Hall  was  the  first  lessee.  He  was 
succeeded  by  F.  A.  Giesea,  wdio  was  in  charge 
until  1918  when  M.  B.  Haas  came  in  as  lessee. 
During;  the  past  twenty-two  years  the  Vic- 
tory has  presented  the  cream  of  the  eastern 
dramatic  attractions  booked  iov  the  Pacific 
Coast.  Among  them  may  be  named  INIaude 
Adams,  Billie  Burke,  ]\Irs.  Leslie  Carter.  Mar- 
garet Anglin,  E.  A.  Sothern,  William  Faver- 
sham,  Otis  Skinner,  Forbes  Robertson,  J.  E. 
Kellerd,  Robert  Mantell,  David  Warfield",  Sa- 
rah Bernhardt,  Anna  Held,  Geo.  M.  Cohan, 
Walker  AA'hiteside,  Ethel  Barrymore,  Hilda 
Spong,  Henry  Miller,  Julia  Marlowe,  Louis 
James,  AY.  H.  Crane,  Nat  Goodwin,  Blanch 
Walsh,  Blanche  Bates,  Annie  Russell.  AY.  H. 
Thompson  and  several  opera  companies. 

The  Hippodrome,  located  on  South  First 
Street,  near  the  corner  of  San  Carlos,  was 
erected  by  the  Southern  Development  Com- 
pany in  1919  and  was  leased  to  Marcus  Loew, 
a  circuit  manager.  He  is  represented  in  San 
Jose  by  Ackerman  &  Harris  :  B.  B.  Levin  is 
the  local  manager.  The  theater  has  been 
used  mainly  for  vaudeville  and  motion  pic- 
tures. 

The  T.  &  D.  Theater,  a  motion  picture 
house,  on  South  First  Street,  near  San  An- 
tonio, was  built  by  the  Southern  Development 
Company  in  1913.  The  lessees  are  Turner  & 
Dahnken  and  the  local  manager,  A.  M.  Miller. 
The  Lyric  Theater,  a  small  amusement 
house  for  motion  pictures,  located  on  North 
Second  Street,  opposite  the  Evening  News  of- 
fice, has  as  lessee  Geo.  S.  Jones.  Louis  Lieber 
is  the  owner  of  the  building. 

The  Jose  Theater  on  North  Second  Street, 
between  Santa  Clara  and  San  Fernando 
Streets,  was  built  in  1904  by  David  Jacks,  of 
Monterey  County.  It  was  first  leased  by  No- 
lan &  Blum.  After  a  few  years  Nolan  retired 
and  Blum  was  the  lessee  until  his  death  in 
1920.      Tames  Beatty  is  now  in  charge. 

The  Liberty  (motion  picture)  Theater  is 
located  on  Market  Street,  between  San  Fer- 
nando and  Post,  was  built  in  1914  by  James 
Beatty,  the  present  proprietor. 

The  first  amateur  dramatic  company  in  San 
Jose  was  organized  in  the  fall  of  1865  with  the 
"following  members :  Charles  De  Lacy,  Sam- 
uel W.  Piercy,  J.  A.  Leach,  Charles  A.  Cleal, 
Thomas  L.  Cleal,  John  E.  Pillot,  Edgar  M. 
Foster,  J.  F.  McMahon,  W.  D.  J.  Hambly, 
W.  W.  "Thomas  and  E.  T.  Sawyer,  Misses 
Mary  Yontz,  Jessie  Gavitt,  Ellen  and  Clara 
Skinner.  In  1866,  A.  P.  Murgotten,  Amherst 
J.  Hoyt,  John  W.  Dunne,  E.  M.  Skinner,  J.  W. 


Johnson  and  A.  L.   Hart  joined  the  company, 
se\'eral  of  the   1865  members  having  removed 
from   the  city.      In  the  years  up   to  the  early 
'80s,    the    members    included    H.    A.    De  Lacy, 
I'.  E.  York,  A.  S.  York,  Charles  M.  Shortridge, 
Frank    Bacon,   A.   \A'.    White,   Eugene   Rosen- 
thal, Chas.  W.  Williams,  S.  W.  De  Lacy,  W. 
H.  Sarles,  W.  G.  Lorigan,  H.  C.  Hansbrough, 
John     T.     Malone,     Beatrice     Lawrey,     Mary 
A\'estphal,   Louis  Lieber,   Geo.  W.  Alexander, 
Chas.  E.  Howes,  Geo.  C.  Knapp,  George  Corn- 
stock.    James    Carson,    Henry    Beach,    Jennie 
Weidman,     Eleanor    Calhoun,    Virginia    Cal- 
houn,   Holton    Webb,    A.    Majors    Jr.,    W.    G. 
Miller,  Harrv   Botsford.  Guy  Salisbury,  Chas. 
W.   Oliver,  Clyde   Frost,   F.'  G,   Flartman  and 
others  wdiose  names  the  historian  does  not  re- 
call.      Many     of     the     memliers     afterwards 
achie^'ed  eminence  on   the  professional  .stage. 
Sam  W.  Piercy  was  one  of  the  foremost  actors 
in  America  when  death  called  him  in  1882.   He 
came   to   California  in  the  early   '50s  and  the 
family   home   for   many   years   was   on   Julian 
Street  near  Sixth.     He  was  a  student  at  the 
San   Jose    Institute   when   he   joined   the   dra- 
matic  club.     In   the  fall  of   1866  he  left  San 
Jose   to   enter   upon  the   study  of  law  in   San 
Francisco.     In  1870  he  was  invited  to  read  the 
Declaration  of  Independence  at  the  Fourth  of 
July  celebration.    He  acquitted  himself  so  well 
that  Col.  AY.  H.  L.  Barnes,  a  personal  friend, 
advised  him   to  give  up  law  for  acting.     Tnc 
advice  was  followed  and  in  November  of  that 
}'ear   he   made   his   debut  on   the   professional 
stage  as  "lago"  to  the  "Othello"  of  John  Mc- 
Cullough.    It  was  a  complete  success  and  Mc- 
Cullough  said  he  had  never  witnessed  a  more 
satisfactory  first  appearance.     After  a  tour  of 
the  state  with  Frank  AA^ilton's  barn-storming 
company,    he    played    with    Joe    Murphy    and 
other  stars  for  a  time  and  then  he  left  for  the 
East.     For  three  years  he  developed  his  art  by 
playing  with  such  stars  as  Clara  Morris,  John 
McCullough    and    Charlottej    Thompson.      In 
1876  he  sailed  for  London  to  play  the  leading 
part   in    The    A^irginians.      The    press    notices 
were  so  laudatory  and  his  reputation  was  so 
enhanced  that  on  his  return  to  New  York  he 
was  at  once   engaged   as   leading  man  at  the 
Grand  Opera  House.     The  next  year  he  joined 
Edwin    Booth's   company   and   was   with   that 
great  actor  until  the  manager  of  Niblo's  Gar- 
den ofifered  him  the  position  of  stock  star  in 
the  company  playing  regularly  at  that  popular 
place   of  amusement.      His   best  parts   during 
the    engagement    were    "Lagadere"    in    "The 
Duke's  Motto,"  "Badger"  in  "The   Streets  of 
New    York"    and    "Claude    Melnotte"    in    the 
"Lady   of   L.yons."      There    followed    an   offer 
from  San  Francisco  to  come  and  pla)^  the  lead- 
ing part  in  "Diplomac}-."     The  offer  was  ac- 


12: 


HISTORY   OF   SANTA   CLARA   COUNTY 


cepted  and  a  prosperous  season  was  the  result. 

In  1878  Pierc}'  opened  the  San  Jose  Opera 
House,  as  enlarged  and  improved,  presenting 
■■Diplomacy,"  ■'Craiga  Dhiol"  and  "Othello." 
In  the  last  named  play  he  appeared  as  "lago" 
to  the  "Othello"  of  John  T.  ^Malonc,  a  rising 
San  Jose  actor.  In  1881  he  rejoined  Edwin 
Booth's  company  and  the  engagement  was 
still  on  when  he  was  stricken  with  small  pox 
and  died.  Just  before  his  illness  J.  H.  Haver- 
ly,  the  well-known  manager,  was  negotiating 
for  his  appearance  as  a  star.  In  1879  Pierc\' 
married  the  daughter  of  William  Dunphy,  the 
cattle  king.  She  died  in  Philadelphia  in  1881, 
leaving  one  daughter,  who  is  now  a  resident  of 
San  Francisco. 

Eleanor  Calhoun  was  a  Normal  School  stu- 
dent in  San  Jose  when  she  resolved  to  make 
the  stage  her  profession.  This  was  in  the 
late  '70s.  She  was  pretty  and  graceful,  had  a 
charming  manner  and  an  unconquerable  am- 
bition to  succeed  in  life.  Her  father,  a  nephew 
of  John  C.  Calhoun,  the  South  Carolina  ora- 
tor and  statesman,  was  a  justice  of  the  peace 
in  Fresno  County  and  her  mother  had  removed 
to  San  Jose  for  the  purpose  of  giving  her 
daughters  an  education  in  the  educational  cen- 
ter of  the  state.  Nellie  (she  did  not  call  her- 
self Eleanor  until  after  her  dei)arture  from 
California)  displayed  remarkable  dramatic 
talent  at  the  Normal  School  and  after  leaving 
there  gave  elocutionary  recitals  in  a  tour  of 
the  coast  counties.  After  this  experience  she 
entered  the  dramatic  school  of  Mrs.  Julia  Mel- 
ville Snyder,  mother  of  Emilie  Melville,  the 
popular  actress  and  vocalist  of  the  '70s  and 
'80s.  It  was  while  she  was  studying  for  the 
stage  that  she  was  induced  to  come  to  San 
Jose  and  play  the  leading  female  role  in  E.  T. 
Sawyer's  military  play,  "Loyal  Hearts."  She 
gladly  consented  and  made  lier  first  appear- 
ance on  any  stage  at  the  San  Jose  Opera 
House  in  February,  1880.  Hugh  A.  De  Lacy, 
John  T.  Malone,  Louis  Lieber,  the  sign  paint- 
er, and  Miss  Mary  Westphal  (now  Mrs.  Judge 
Richards)  were  in  the  cast.  /Vt  the  conclusion 
of  the  week's  engagement  she  was  tendered  a 
benefit,  as  her  exceptionally  fine  acting  had 
made  her  a  public  favorite.  The  house  was 
packed  to  the  doors  and  the  young  actress  in 
the  glow  of  her  success  returned  to  San 
Francisco  and  arranged  to  appear  at  the  Cali- 
fornia Theater,  then  under  the  management 
of  John  McCullough.  She  made  her  debut  on 
the  professional  stage  as  '■Juliet"  to  the 
■■Romeo"  of  John  T.  Malone.  The  critics 
praised  her  acting  and  the  engagement  was 
continued  until  she  had  exhausted  her  small 
repertoire.  Soon  after  the  engagement  she 
left  for  the  East  and  for  a  year  played  leading 
parts    in   a    stock    company    which    gave    per- 


formances in  middle  eastern  and  southern 
cities.  London  next  called  her  and  it  was  not 
long  before  she  had  worked  herself  into  a 
leading  position  in  one  of  the  high  class  thea- 
ters. Under  the  auspices  of  Lady  Archibald 
Camp1)ell  she  played  "Rosalind"  in  "As  You 
Like  It"  in  an  al  fresco  production,  to  the 
warm  approbation  of  the  large  audience  as- 
sembled. She  was  next  heard  of  in  Paris, 
where  she  studied  French,  attaining  such  a 
mastery  over  the  language  as  to  give  her  con- 
fidence to  appear  before  the  Paris  footlights 
in  a  French  play  with  the  great  Coquehn  as 
leading  support.  About  a  dozen  years  ago  she 
was  married  to  Prince  Lazarovich,  a  claimant 
to  the  throne  of  Serbia.  After  her  marriage 
she  made  several  visits  to  San  Jose.  A  few 
years  ago  her  London  and  Paris  reminiscences 
were  published  in  The  Century.  Written  in  a 
chatty  style  and  directed  mainly  to  a  recital 
of  her  social  triumphs  and  of  meetings  with 
the  notables  of  the  day,  including  Alfred  Ten- 
nyson and  James  Russell  Lowell,  they  made 
interesting  reading.  One  of  her  sisters  (Jes- 
sica) is  married  and  lives  in  Los  Angeles.  An- 
other sister,  Virginia,  was  a  teacher  in  the 
Hester  school  on  the  Alameda,  until  she  de- 
cided to  follow  in  the  footsteps  of  Eleanor  and 
become  an  actress.  Her  first  appearance  on 
any  stage  was,  like  her  sister's,  in  "Loyal 
Hearts."  The  performance  was  given  at  the 
California  theater  on  Second  Street  in  1882. 
In  the  cast  were  Frank  Bacon,  Jennie  Weid- 
man  (afterward  Mrs.  Bacon),  Louis  Lieber, 
Geo.  W.  Alexander  and  other  local  lights. 

John  W.  Dunne  joined  the  San  Jose  Ama- 
teur Club  in  1866.  He  was  a  boy  of  sixteen 
when  he  made  his  first  apparance  on  the  stage. 
In  preparing  for  the  production  of  "The  Gold- 
en Farmer,"  no  woman  could  be  found  willing 
enough  to  play  the  part  of  "Elizabeth,"  the 
heroine,  so  Dunne  was  called  in  to  fill  the 
breach.  He  was  a  handsome  fellow  in  those 
days,  beardless,  peachy-cheeked  and  with  a 
voice  that  was  soft,  light  and  clear-almost  like 
a  woman's.  When  on  bended  knees,  with 
clasped  hands  and  streaming  eyes  he  besought 
heaven  to  "save  me  from  a  fate  far  worse  than 
death,"  the  audience  shivered  and  appealing 
eyes  were  cast  on  the  villain,  wdio  seemed  to 
hold  the  fate  of  Elizabeth  in  his  hands.  And 
that  villain,  who  stood  over  the  shrinking 
heroine,  with  his  six  feet  of  stature,  blood-shot 
eyes,  gleaming  teeth  and  hands  red  with  gore, 
was  none  other  than  that  mild-mannered,  up- 
right, progressive  citizen,  Alex.  P.  Murgotten. 
Dunne's  success  as  an  amateur  decided  his 
destiny.  He  became  a  real  actor.  After  play- 
ing all  sorts  of  parts,  from  utility  to  leading 
business,  he  departed  for  Salt  Lake  City  to  ac- 
cept a  position  in  the  Mormon  Theater.  There 


HISTORY   OF   SANTA   CL^ARA   COUNTY 


123 


he  played  for  a  year  or  more  and  then  set  out 
on  a  territorial  tour,  acting  as  leading  support 
to  Mrs.  Annie  Adams,  the  mother  of  Maude 
Adams,  America's  foremost  actress.  Next  he 
associated  himself  with  the  elfin  star,  Patti 
Rosa,  soon  married  her,  became  her  manager 
and  until  the  death  of  his  talented  wife  played 
in  Hoyt's  comedies  from  one  end  of  the  coim- 
try  to  the  other.  He  was  next  heard  of  as  the 
husband  of  Mary  Marble,  a  worthy  successor 
to  Patti  Rosa,  and  engaged  in  a  similar  line  of 
work.  They  toured  the  country  until  vaude- 
ville became  the  rage,  then  went  into  pocket- 
edition  drama  and  became  public  favorites. 
He  was  a  San  Jose  visitor  in  1919. 

Frank  Bacon  is  (1922)  one  of  the  most  tal- 
ented and  popular  of  the  great  American  act- 
ors. He  is  a  former  San  Josean  and  the  city 
was  the  scene  of  his  first  stage  experiences. 
He  was  in  his  early  twenties  when  he  arrived 
in  San  Jose.  He  tried  photography,  experi- 
mented with  newspaper  work  and  drifted  into 
other  lines  of  work,  but  none  of  them  succeed- 
ed in  holding  his  interest.  His  ambition  in 
those  early  days  was  to  become  another  John 
^vlcCullough,  Edwin  Booth  or  Lawrence  Bar- 
rett. He  turned  up  his  nose  at  comedy  and  so 
when  "Loyal  Hearts"  was  produced  at  the 
California  Theater  he  was  rejoiced  when  he 
was  asked  to  play  the  part  of  the  Union  officer. 
The  press  notices  were  commendatory.  The 
allusion  to  his  magnificent  voice  made  him 
more  than  ever  determined  to  become  a  trage- 
dian. Miss  Jennie  Weidman,  a  very  talented 
amateur  actress,  was  one  of  the  performers. 
She  and  Frank  became  great  friends  and  soon 
friendship  resolved  itself  into  love.  They 
were  married  soon  after  the  performance  at 
the  California. 

It  was  after  Frank  left  San  Jose  to  try  his 
luck  on  the  professional  stage  that  he  stum- 
bled upon  his  proper  line  of  work.  The  por- 
trayal of  a  "rube"  character  on  the  Alcazar 
stage  in  San  Francisco,  gave  the  critics  a 
chance  to  say  all  manner  of  nice  words.  Frank 
took  notice  and  very  soon  decided  to  drop 
"straight"  business  for  "rube"  comedy.  He 
had  everything  in  his  favor.  He  was  a  slow 
speaker,  had  a  dry  way  of  saying  things,  and 
his  deep,  flexible  voice  could  at  will  be  used  to 
evoke  either  tears  or  laughter.  The  years  went 
by,  his  art  ripened,  the  coarse,  low  comedy 
"rube"  was  fashioned  into  the  human  country- 
man and  culmination  came  in  the  creation  of 
"Lightnin'  Bill,"  a  lovable  shiftless  old  coot, 
in  many  respects  a  latter-day  "Rip  Van 
Winkle."  The  play  called  "Lightnin' "  has 
had  a  run  of  three  years  on  Broadway, 
New  York,  is  now  (1922)  enjoying  a  phenom- 
enal run  in  Chicago,  and  Frank  Bacon  has  been 
acclaimed  as  one  of  the  finest  character  actors 


of  the  century.  He  has  a  charming  orchard 
home  near  Mountain  View,  in  Santa  Clara 
County,  and  e\'cry  year  his  vacations  are 
spent  there. 

John  T.  Malone,  another  San  Josean,  who 
made  good  as  a  professional  actor,  was  a  grad- 
uate of  Santa  Clara  College.  He  studied  law, 
was  admitted  to  the  bar  and  when  the  stage 
bee  buzzed  in  his  ears  he  was  deputy  district 
attorney  of  Santa  Clara  County.  After  ap- 
pearances on  the  amateur  stage  he  went  to 
San  Francisco,  supported  Eleanor  Calhoun, 
during  her  engagement  in  that  city  and  after- 
ward went  east  to  become  a  member  of  Edwin 
Booth's  company.  After  Booth's  death  he 
took  out  a  company  of  his  own,  playing  in 
legitimate  drama  as  long  as  there  was  any 
demand  for  it  and  then  gave  up  the  stage  to 
accept  the  position  of  secretary  of  the  Play- 
ers' Club,  New  York.  He  died  in  New  York 
several  years  ago. 

The  late  Charles  W.  Williams,  former  pro- 
prietor of  the  Evening  News,  would  have  won 
fame  and  fortune  on  the  stage  if  he  had  gone 
from  amateur  into  professional  work.  He  was 
a  born  comedian  and  the  most  talented  and 
popular  laugh-maker  who  ever  appeared  be- 
fore the  footlights  in  San  Jose.  He  came  to 
California  when  a  mere  boy  and  for  some 
years  was  a  clerk  in  Cassius  Morton's  music 
store  on  First  Street.  He  was  a  fine  piano 
player  and  his  services  in  the  store  were  very 
valuable.  From  the  store  he  graduated  into 
newspaper  work,  starting  first  as  business 
manager  of  Charles  M.  Shortridge's  Times 
and  winding  up  as  the  proprietor  and  editor  of 
the  Evening  News.  It  was  after  he  became  a 
newspaper  publisher  that  he  dallied  with  stage 
work.  His  first  appearance  was  a  negro  boy 
in  "The  Octoroon."  He  made  a  hit  in  the  part 
and  followed  up  his  success  by  joining  Charles 
R.  Bacon's  New  York  and  San  Francisco  Min- 
strels, organized  for  performance  in  San  Jose 
only.  He  was  one  of  the  end  men  and  con- 
vulsed the  audience  by  his  inimitable  dialect 
specialties.  In  1881  he  became  the  manager 
of  the  California  Theater  and  in  April,  1882, 
was  the  recipient  of  a  complimentary  benefit. 
His  songs  brought  many  encores.  In  the 
same  year  he  played  an  Irish  comedy  part  in 
"Loyal  Hearts."  The  press  notices  spoke  of 
him  as  one  of  the  great  Irish  comedians  on  the 
American  stage.  Shortly  after  this  appear- 
ance Williams  resolved  to  forsake  straight  the- 
atricals for  operetta  and  musical  comedy.  He 
had  a  fetching  singing  voice  and  under  his 
management  were  produced  "The  Mikado," 
"Olivette,"  "The  Mascot,"  "Patience,"  and  the 
popular  operettas.  His  "Ko-Ko"  in  "The 
Mikado"  was  very  artistic  and  mirth-provok- 
ing and  so  well  pleased  with  the  performance 


124 


HISTORY  OF  SANTA  CLARA   COUNTY 


was  a  San  Francisco  manager  that  he  induced 
Williams  to  repeat  it  at  the  Tivoli.  Williams 
consented  to  go,  made  a  success  of  the  trip, 
but  could  not  be  induced  to  give  up  newspaper 
for  stage  work.  San  Jose  suited  him  and  he 
was  an  actor  for  the  fun  of  the  thing.  His 
last  appearance  as  manager  and  performer 
was  about  a  year  before  his  death,  which  oc- 
curred in  1917. 

Felix  G.  (better  known  as  Phil)  Hartman 
was  one  of  the  early  San  Jose  amateurs.  He 
played  small  parts,  sometimes  acted  as  stage 
manager  but  more  often  as  property  man  and 
scene  shifter.  He  was  easily  excited  and  in 
his  excitement  would  frequently  lose  his  head 
and  make  the  most  ridiculous  blunders.  At 
an  entertainment  given  in  Saratoga,  Hugh  A. 
De  Lacy  sang  "Old  Black  Joe"  in  character. 
To  give  a  touch  of  realism  to  the  song  and  the 
acting  it  was  arranged  that  "Joe"  should  die 
and  that  the  dying  should  be  done  to  slow 
music  and  red  fire.  Phil  Hartman  was  the 
scene  shifter  and  property  man,  and  in  the 
hurry  of  getting  his  props  together  he  forgot 
to  provide  himself  with  the  fire  powder  and  its 
accessories.  "Never  mind,  Hughie,"  he  said 
to  De  Lacy,  "I  can  fake  it  so  the  audience 
won't  know  the  difference.  I'll  go  out,  get 
some  fire  crackers,  take  out  the  powder  and 
light  it."  De  Lacy  had  his  doubts  about  the 
substitution,  for  he  knew  Phil's  optimism,  dis- 
played on  other  occasions,  had  not  always 
been  vindicated.  However,  there  was  nothing 
to  do  but  take  chances.  Phil  secured  the  pow- 
der, placed  it  in  a  tin  plate  and  stood  ready  in 
the  wings  to  do  the  lighting.  Soon  the  time 
came  for  him  to  act  and  as  De  Lac)^  sang  the 
last  line  of  the  last  Averse,  Phil  lighted  his  first 
match.  The  powder  wouldn't  burn.  Then  an- 
other match  was  tried.  Same  result.  De  Lacy 
kept  on  singing,  but  with  one  eye  on  Phil,  who 
struck  match  after  match  on  the  seat  of  his 
trousers,  the  perspiration  meanwhile  running 
in  streams  down  his  face.  De  Lacy,  hoping 
against  hope,  sang  the  last  verse  over  again, 
but  no  fire  was  forthcoming.  At  last  Phil 
gave  it  up  in  despair..  Turning  an  agonized 
face  on  De  Lacy,  he  said  in  a  voice  that  could 
be  heard  all  over  the  hall,  "Go  on  and  die, 
Hughie,  for  I  can't  make  the  darned  fire  burn." 
Hughie  died  in  a  hurry,  for  his  fingers  were 
itching  to  get  at  Phil's  throat. 

Still  later  Phil  gave  a  magician's  show  at 
the  San  Jose  Opera  House.  As  scene  shifter 
and  handy  man  for  the  "Fakir  of  Vishnu"  he 
had  learned  many  of  the  tricks  of  that  old 
time  juggler  and  illusionist.  Phil  called  him- 
self the  "Fakir  of  Ooloo"  and  what  he  ex- 
pected to  be  his  best  act  was  one  of  levita- 
tion — the  suspending  in  mid-air  of  a  woman 
subject.     There  were  steel  rods  concealed  un- 


der the  clothing  of  the  subject  and  an  upright 
rod  support  was  also  hidden  from  view.  The 
subject  was  a  heavy  woman,  while  Phil  was  a 
lightweight.  When  all  was  ready  Phil  made 
his  explanatory  talk  and  then  l^egan  to  lift 
the  woman  to  a  horizontal  position  in  the  air. 
Once  in  that  position  two  rods  would  snap 
into  place  and  the  suspension  would  be  an 
accomplished  fact.  But  Phil,  try  as  he  would, 
could  not  raise  his  subject  to  the  horizontal 
line.  As  he  tugged  and  perspired  the  machin- 
ery squeaked  and  the  audience  roared.  He 
made  several  attempts,  letting  down  his  bur- 
den between  times  in  order  that  he  might  re- 
cover his  breath,  and  finally  gave  up  in  disgust 
and  sat  upon  the  floor.  The  performance 
was  as  good  as  a  circus  and  the  spectators, 
though  the  advertised  program  had  not  been 
carried  out,  felt  that  they  had  received  their 
money's  worth  and  applauded   accordingly. 

John  T.  Raymond  was  California's  star 
comedian.  He  made  several  professional  trips 
to  San  Jose  and  always  played  to  full  houses. 
His  most  popular  role  was  of  "Col.  Mulberry 
Sellers,"  taken  from  Mark  Twain's  Gilded 
Age.  Mark  did  not  like  Ra3'mond's  interpre- 
tation of  the  character,  claiming  that  it  was  a 
gross  exaggeration,  almost  a  burlesque,  not  at 
all  like  the  "Sellers"  his  brain  had  conceived. 
But  Raymond's  audiences  liked  the  interpreta- 
tion and  money  always  flowed  in  at  the  box 
office  whenever  Ra3miond's  "Sellers"  was  the 
attraction. 

Raymond  was  very  fond  of  practical  jokes 
and  he  played  them  so  often  that  his  fellow 
actors  grew  to  be  afraid  of  him,  for  they  could 
not  guess  what  was  hatching  in  that  queer 
brain  of  his.  Such  tricks  as  finding  their  shoes 
nailed  to  the  floor  when  they  were  in  a  hurry 
to  make  ready  for  a  performance,  or  wigs 
grotesquely  queered,  were  always  to  be  ex- 
pected. But  there  were  unexpected  variations. 
On  one  occasion  when  a  lurid  melodrama  was 
on  the  boards,  there  was  a  scene  in  which  the 
victims  of  the  villain  appeared  before  him. 
The  villain  was  John  McCullough,  and  Ray- 
mond, James  A.  Heme,  Harry  Edwards  and 
Julia  Corcoran,  were  the  victims.  All  except 
Raymond  were  in  line  on  the  platform.  He 
had  painted  his  nose  a  fiery  red  and  with  a 
most  serious  expression  pointed  both  hands 
at  McCullough.  The  audience  roared,  then 
hissed  and  the  curtain  was  rung  down. 

When  Raymond  gave  "Col.  Sellers"  in  San 
Jose  the  actors  who  had  suft'ered  from  his 
jokes  turned  the  tables  on  him.  The  most  try- 
ing part  of  his  performance  was  the  eating  of 
raw  turnips,  for  he  loathed  vegetables  and 
never  ate  them  except  upon  compulsion.  The 
meml)ers  of  the  company  knew  this  and  one 
night   they   doctored   the    turnips.       Raymond 


HISTORY  OF   SANTA   CI.ARA   COUNTY 


125 


ate  them,  made  a  wry  face  but  said  nothing. 
The  next  night  he  called  for  apples,  but  when 
it  came  time  for  the  repast  he  found  he  was 
compelled  to  eat  raw  onions  covered  with 
apple  skins. 

At  another  engagement  Raymond  was  play- 
ing "Polydor"  to  the  "Ingomar"  of  John  Mc- 
CuUough.  In  the  striking  scene  where  "Ingo- 
mar" orders  the  barbarians  to  seize  "Polydor," 
l\.a}'mond  came  around  to  the  front  of  the 
stage  and  instead  of  dropping  in  front  of  "In- 
gomar" and  clasping  his  hands  in  piteous  en- 
treaty, dropped,  crawled  between  McCul- 
lough's  legs,  dived  back  and  circled  round 
"Ingomar,"  his  teeth  chattering  in  terror.  Mc- 
Cullough  laughed,  the  audience  took  the  cue 
and  the  curtain  went  down  amid  a  general 
roar  of  laughter. 

Some  of  the  old-time  minstrels  lived  in  San 
Jose.  One  of  them,  Johnny  Tuers,  adopted 
the  stage  as  a  profession,  after  he  left  San  Jose. 
Charley  Rhoades,  Fred  Sprung  and  Ned  Buck- 
ley came  to  San  Jose  to  reside  after  they  had 
g^iven  up  active  work  as  entertainers.  Tuers 
was  an  end  man  and  flat  foot  dancer.  He  was 
the  originator  of  this  style  of  dancing  and  the 
champion  of  the  Coast.  He  played  in  all  the 
cities  and  towns  from  Los  Angeles  to  Salt 
Lake  but  most  of  his  time  was  spent  in  San 
Francisco.  In  the  late  '60s  he  quarreled  with 
a  man  on  Washington  Street  in  that  city. 
Pistols  were  drawn  and  an  innocent  bystander, 
James  Dowling,  a  theatrical  manager,  stopped 
Tuers'  bullet  and  ceased  to  live.  Tuers  was 
tried  for  murder  and  acquitted.  "Billy"  Tuers, 
Johnny's  brother,  stayed  in  San  Jose.  He  was 
never  on  the  professional  stage,  but  appeared 
many  times  as  an  amateur,  acting  both  as  end 
man  and  dancer.  In  middle  life  he  was  stricken 
with  blindness  and  died  in  Santa  Cruz  scN'eral 
years  ago. 

Charley  Rhoades  was  the  pioneer  banjo 
player  of  the  state.  Not  long  after  the  discov- 
ery of  gold  his  banjo  was  heard  on  the  streets 
of  San  Francisco  and  in  the  northern  and  east- 
ern mining  camps.  In  the  early  '60s  he  joined 
a  minstrel  company  and  as  end  man  and  banjo 
pla3^er  was  before  the  public  until  his  removal 
to  San  Jose  in  1874.  He  was  the  reputed  au- 
thor of  that  popular  old  song,  "The  Days  of 
'49,"  and  up  to  his  retirement  it  was  the  favor- 
ite song  of  his  repertory.  The  style  of  the 
song  is  shown  in  the  following  verse  : 

There  was  Kentuck  Bill,  one  of  the  boys, 
Who  was  always  in  for  a  game. 

No  matter  whether  he  lost  or  won 
To  him  'twas  all  the  same. 


He'd  ante  up,  he'd  pass  the  l:iuck. 

He'd  go  a  hatfull  blind. 
In  a  game   with   death    Bill   lost   his   breath 

In  the  days  of  '49. 

Another  verse  refers  to  Reuben  Raines,  a 
vSacramentan,  for  whom  the  late  Edward  John- 
son, a  pioneer  millhand  of  San  Jose,  some- 
times acted  as  assistant.  Johnson  used  to 
boast  of  his  connection  with  the  Raines'  out- 
fit and  would  recite  with  gusto  the  following 
\erse ; 

There  was  another  chap  from  New  Orleans, 

Big   Reuben   was   his    name. 
On  the  plaza  there,  in  a  sardine  box, 

He    opened   a    faro    game. 
He  dealt  so  fair  that  a  millionaire 

He  became  in  course   of  time, 
Till  death  stepped  in  and  called  the  turn 

In  the  days  of  '49. 

Rhoades  was  a  consumptive  and  after  a  few 
years'  residence  in  San  Jose  reinoved  to  Santa 
Clara,  where  he  died  about  forty  years  ago. 

Fred  Sprung  and  Ned  Buckley  left  min- 
strelsy to  become  ranchers  and  neighbors. 
Their  homes  were  located  on  McLaughlin 
Avenue  near  the  Story  road.  Sprung  was  a 
bass  singer  and  interlocutor  and  in  the  olio 
appeared  as  a  negro  impersonator.  Before  he 
came  to  California  he  was  a  member  of  a  band 
of  minstrels  organized  to  give  performances 
on  the  Mississippi  river  boats.  The  band  was 
a  small  one,  but  each  member  was  advertised 
as  an  artist  in  his  line.  On  these  boats  the 
gamblers,  always  in  force  before  the  opening 
of  the  Civil  War,  would  frequently  postpone 
a  game  to  listen  to  a  minstrel  performance. 
On  these  occasions  they  would  pick  favorites 
and  the  performers  thus  singled  out  would  re- 
ceive donations  far  in  excess  of  the  amounts 
of  their  salaries.  Sprung  found  it  a  happy, 
easy  life  and  was  sorry  when  the  war  put  a 
stop  to  it.  Fie  died  in  San  Jose  about  twenty 
years  ago. 

Ned  Buckley,  endman  and  comedian,  did 
not  stay  all  the  time  on  his  ranch.  He  had 
business  interests  in  San  Francisco  which  kept 
him  away  from  San  Jose  more  than  half  the 
time.  Finally  he  sold  his  ranch  and  left  San 
Jose  for  good. 

Other  San  Joseans  who  have  won  honors, 
either  on  the  dramatic  stage  or  in  motion  pic- 
tures, are  Edmund  Lowe,  Howard  Hickman, 
Ed.  Jobson,  Frank  Stevens,  George  Hernan- 
dez, Vernon  Kent  and  Clarence  Geldert. 


CHAPTER   X. 


Distinguished  Visitors  to  San  Jose  and  the  Santa  Clara  Valley — Bayard 
Taylor's  Day  Dream — Political  Orators — George  Francis  Train — Henry 
George  as  a  Detective — Bret  Harte — Presidents  Hayes  and  Harrison — 
The  Ovation  to  General  Grant — Beecher,  Ingersoll  and  the  Old-Time 
Orators — Gen.  John  C.  Fremont — Ned   Buntline. 


Many    distinguished   men   and   Avomen   have 
visited   Santa   Clara   County.    During  tlie   '50s 
Gen.    Jcihn    C.    Fremont,    David    C.    Broderick, 
William  I\T.  Gwin,  Gov.  Burnett,  Bayard  Tay- 
lor, J.   Ross  BroA\'ne  and  others  came  to   San 
Jose,    sometimes    on    lousiness,    sometimes    for 
pleasure.      Bayard    Taylc)r,    the    famous    poet, 
storv  vriter  and  traveler,  first  visited  the  \'^al- 
ley  in  the  early  '50s.     In  his  "Pictures  of  Cali- 
fornia" he  thus  describes  what  he  saw:  "How 
shall    I    describe    a    landscape    so    unlike    any- 
thing  else   in   the   world?    With   a   beauty   so 
new   and   dazzling   that   all   ordinarv  compari- 
sons are  worthless.     A  A-alleA'  ten  miles  wide 
through    the   center    of   which    winds    the    dry 
bed  of  a  winter  stream  whose  course  is  marked 
with  groups  of  giant  sycamores,  their  trunks 
gleaming  like   silver  through  masses  of  giant 
foliage.      Oyer    the    lexel    floor    of    this   valley 
park-like  gro\'es  of  oaks,  whose  mingled  grace 
and  majesty  can  onh-  be  given  by  the  pencil; 
in   the   distance   redwoods  rising   like   towers; 
westward  a  mountain  chain  nearly  4,000  feet 
in  height,  showing  through  the  blue  haze  dark 
green   forests    on    the    background    of   Idazing 
gold.     Eastward  another  mountain  chain,  full- 
lighted   bv   the    sun,   rose   color   touched   with 
violet  shadows,  shining  with  marvelous  trans- 
parenc}-  as  if  the)'  were  of  glass,  behind  \\-hich 
shone   another   sun.     Overhead,   finally,   a   sky 
whose   blue    luster   seemed    ta   fall,   mellowed, 
through  an  intervening  A'eil  of  luminous  vapor. 
No  words   can   describe   the  fire   and   force  of 
the    coloring — the   daring   contrast   which    the 
difference  oi  half  a  tint  changed  from  discord 
into  harmony.     Here  the  great  artist  seems  to 
ha\-e  taken  a  ne\\-  [talette  and  painted  his  cre- 
ations  with    hues   unknown   elsewhere.     DriA'- 
ing    through    these    enchanting    scenes,    I    in- 
dulged  in   a   day   dream.      It   Avill   not  1)e   liing, 
I    thought, —  I    ma)-    li^•e   to    see   it   before    my 
prime  is  o\'er — until  San  Jose  is  liut  five  days' 
journe)'    from    New    ^'ork.      Cars,   Avhicli    shall 
Ijc  in   fact  traA'eling  liotels,  A\'ill   sfieed,   on  an 
unkno\\m   line   of  rail,   from   tlic   Mississippi   to 
the  Pacific.     Then  let  nie  jjurchase  a  few  acres 
on  the  lo\\'est  slope  of  these  mountains  cj\'er- 
looking  the  Aalley  and  ^\-ith  a  distant  \'iew  of 
the   ]")ay  ;    let   me    Ijuild   a    cottage   embowered 


in  acacia  and  eucalyptus  and  the  tall  spires 
of  the  Italian  cypress;  let  me  lea\e  home 
\vhen  the  Christmas  holidays  are  over  and 
enjoy  the  balmy  Januarys  and  Februarys,  the 
heavenly  Marches  and  Aprils,  of  my  remaining 
A-ears  here,  returning  only  Avhen  May  shall 
have  lirought  beauty  to  the  Atlantic  shore. 
There  shall  my  roses  outbloom  those  of  Poes- 
tum,  there  shall  my  nightingales  sing,  my  or- 
ange Idossoms  sweeten  the  air,  my  children 
play  and  my  best  poem  l)e  Avritten.  I  had 
another  and  a  grander  dream.  C)ne  hundred 
years  had  passed  and  I  saw  the  valley,  not 
as  now.  only  partially  tamed,  and  reveling  in 
the  Avild  magnificence  of  nature,  but  from 
riAer  l)ed  to  mountain  summit,  humming  Avith 
human  life.  I  saw  the  same  oaks  and  syca- 
mores, but  their  shadows  fell  on  mansions'fair 
as  temples,  gleaming  with  their  Avhite  fronts 
and  long  colonnades.  I  saw  gardens  refreshed 
by  gleaming  fountains,  statues  peeping  from 
the  bloom  of  laurel  bowers;  palaces  built  to 
enshrine  the  new  art  which  Avill  then  have 
bhjssomed  here;  culture,  plenty,  peace  every- 
Avhere.  I  saw  a  more  beautifid  race  in  pos- 
session of  this  paradise — a  race  in  Avhich  the 
lost  symmetry  and  grace  of  the  Greek  Avas 
])artially  restored;  the  rough,  harsh  features 
of  the  Oriental  type  gone  ;  milder  manners,  bet- 
ter regulated  impulses  and  a  keen  appreciation 
of  the  arts  Avhich  enrich  and  embellish  life. 
\\'as   it  only   a   dream?" 

J.  Ross  Browne  Avas  a  traveler,  who  Avrote 
descriptive,  semi-humorous  accounts  of  his 
wanderings  for  Harper's  Monthlv.  His  home 
was  m  Oakland,  but  he  loved  San  Jose  and 
its  people. 

Political  Orators. 

The  political  campaigns  of  the  '70s  brought 
many  distinguished  Eastern  and  Northern  or- 
ators to  California.  San  Jose  Avas  not  slight- 
ed and  as  spell-binding  Avas  the  main  stock 
m  trade  of  the  stump  speaker,  the  Califor- 
nian.s  received  their  full  share  of  lofty  periods 
and  flowery  diction.  .Vniong  the  orators  Avho 
came  to  San  Jose  were  Hannibal  Hamlin,  Vice- 
President  under  Lincoln;  Julius  C.  Burroughs, 
United   States   senator   and   the  silver-tontnieci 


HISTCJRV   OF   SANTA   CLARA   COLINTY 


127 


orator  of  INlichig-an;  C.eii.  W.  v"^.  ITancock,  (^.ar- 
field's  opponent  in  the  race  for  the  presidency; 
John  A.  Bingham,  of  Ohio,  United  States  sen- 
ator and  statesman;  Ex-Cio\ernor  George  L. 
Woods,  of  Oregon,  Thomas  Fitch,  of  Ne\'ada, 
and   several  others. 

In  politics  the  things  done  nowadays  are  any- 
thing hnt  on  all  fonrs  with  the  things  done 
forty,  fifty  and  sixty  years  agi).  In  the  early 
days  there  \\'as  partisanship,  |)ure  and  simple. 
The  line-np  in  e\  ery  campaign  showed  the  ad- 
herents of  one  party  in  diametrical  opposi- 
tion to  the  adherents  of  the  other.  And  those 
were  the  days  of  whoop-'er-np,  of  intense  en- 
thnsiasm,  of  excitement,  of  deep  sustained  in- 
terest. Street  corners  were  the  scenes  of  ani- 
mated discussion.  Often  the  ready  fist  shot 
iiut  when  word  of  mouth  failed  to  give  force 
to  the  argument.  Tkit  it  Avas  all  in  the  play 
and  ^^dlen  the  curtain  fell  villain  and  hero  shook 
hands  and  all  was  ^\•ell  as  hefore. 

In  San  lose  the  ^•erv  strenuous  political  peri- 
od began'in  1865  and  ended  in  1884.  In  1868 
Grant  and  Seymour  were  the  opposing  candi- 
dates. Meetings  were  held,  not  in  halls,  but 
on  the  street  where  men  could  congregate  and 
\vhere  the  best  places  conld  not  be  occupied 
bv  the  women,  wdio  were  then  non-voters.  The 
idea  in  those  days  was  not  to  gi^'e  a  theatrical 
performance  to  which  one  must  procure  a  re- 
served seat,  but  to  talk  to  the  people  without 
any  other  accessories  than  an  improvised 
stand,  an  American  flag  and  a  row  of  tallow 
candles.  On  one  occasion — in  1865 — no  stand 
was  used,  but  at  the  intersection  f)f  Santa 
Clara  and  First  streets,  mounted  on  a  dry 
goods  box,  the  late  lamented  Thomas  H.  Laine, 
afterwards  law  partner  of  John  H.  Moore,  D. 
M.  Delmas,  S.  F.  Leib  and  W.  A.  Johnston, 
elociuentlv  enunciated  the  principles  of  De- 
mocrac)",  while  the  yellow  torches  on  the  cor- 
ners flared,  their  oftensive  residuum  permeat- 
ing the  air. 

George  C.  Gorham,  then  a  recently  defeated 
candidate  for  governor,  afterwards  secretary 
-  of  the  United  States  Senate  and  author  of 
■'The  Life  of  Ed\\'in  M.  Stanton,"  \\'as  Cali- 
fornia's most  remarkable  stump  speaker.  His 
voice  was  often  heard  in  San  Jose.  He  had 
a  most  remarkable  command  of  vituperative 
language  and  a  sledge-hammer  style  possessed 
by  no  other  orator  in  the  State.  He  was  the 
first  to  advocate  upon  the  stump  the  "Father- 
hood of  God,  Brotherhood  of  Man"  principle. 

Citizen  George  Francis  Train  was,  in  his 
time  the  best-known  American  and  the  strang- 
est man  in  existence.  Lie  started  forty  clipper 
ships  to  California  in  1849,  organized  the 
Credit  Mobilier  which  built  the  LTnion  Pacific 
Railway,  constructed  thfe  first  street  railway 
in   England,   organized   the   French    Commune 


in  1870,  \vas  the  business  ])artner  of  kings, 
cpieens  and  emperors,  w;is  in  jail  eleven  times, 
and,  to  wind  up,  broke  the  world's  aroiind-the- 
world  record  three  times,  the  first  time  in 
eighty  days,  a  feat  that  gave  Jules  Verne  the 
idea  for  his  captivating  story. 

In  the  earh'  '70s  he  came  to  California  on  a 
lecturing  tour.  San  Jose  was  visited  and  the 
lecture  was  given  in  the  (')pera  House,  which 
at  the  time  of  opening  was  cro\vded  to  the 
doors.  The  historian  will  never  forget  either 
the  occasion  or  the  man.  His  head  \vas  much 
too  large  for  his  short,  stuutly-built  body,  but 
phvsical  ayjpearance  ^vas  forgotten  as  one 
watched  his  movements  and  listened  to  his 
talk.  Active  as  a  cat  and  charged  with  dy- 
namic force,  he  was  never  still  for  a  moment, 
but  mo\'ed  from  one  end  of  the  stage  to  the 
other,  waving  his  chubln'  hands  and  uttering 
disconnected,  chopp)-  sentences  in  a  manner 
that  compelled  interest  and  admiration.  He 
was  called  a  mountebank,  a  poseur  and  man 
^'\•ith  a  screw  loose  in  his  np[)er  story,  Init  he 
cared  not  the  snap  of  a  finger  for  what  was 
said  about  him,  but  seemed  to  delight  in  the 
caustic  criticisms  that  followed  him  while  he 
\\'as  in  the  limelight. 

Before  beginning  his  San  Jose  lecture  he 
said  to  the  audience:  "They  say  I  am  inco- 
herent and  that  I  wander  from  my  subject. 
Ma3'be  these  gentle  critics  of  mine  are  right, 
but  I  can  talk  coherently,  and  I  will  give  you 
something  that  will  be  to  the  point.  First,  I 
^\'ill  present  a  sample  of  coherent  lecturing 
and,  following  that,  a  sample  of  what  they 
call  incoherent  lecturing.  At  the  finish  you 
shall  say  what  style  you  wish  me  to  use  to- 
night." Now  came  the  samples.  The  coherent 
one  was  dry  and  uninteresting  and  was  re- 
ceived in  silence.  But  after  the  sample  of  in- 
coherent the  applause  shook  the  building. 
When  quiet  had  been  restored  Train  shouted: 
"Now,  what  will  you  have?"  "Incoherent," 
was  the  unanimous  reply.  "All  right,"  Train 
said,  "incoherent  it  shall  be."  Then  the  circus 
opened.  The  lecturer  jumped  from  one  sub- 
ject to  another,  bursts  of  eloquence  were  fol- 
lowed by  clownish  jokes,  points  at  times  were 
driven  home  with  sled.ge-hammer  force,  gems 
of  poetry  were  sandwiched  in  between  lines 
of  exquisite  prose  and  at  intervals  came  epi- 
grams charged  witli  scorn  and  bitterness,  for 
in  that  distempered  brain  of  his  burned  the 
fire  of  genius.  Indeed  Train  was  ^\■onderful 
as  well  as  strange,  and  it  was  eas)-  to  under- 
stand why  he  was  such  a  success  as  a  platform 
lecturer.  After  leaving  California  he  returned 
to  New  York,  ran  as  inde]iendent  candidate 
for  the  presidency',  defended  Victoria  AVood- 
hiill  by  publishing  extracts  from  the  Bible, 
an  act  that  landed  him  in  the  Tombs  ;  threw 


128 


HISTORY  OF   SANTA   CLARA   COUNTY 


away  his  money,  liehaved  more  extravagantly 
than  ever,  and  then  one  day  closed  his  lips 
and  for  fourteen  years  never  spoke  to  man  or 
woman.  Every  day  during  this  period  he 
sat  on  a  bench  in  Madison  Square,  feeding  the 
birds  and  petting  little  children.  At  last 
speech  and  activity  came  back.  He  made  an- 
other around-the-world  trip,  completing  it  in 
sixty  days,  and  then  settled  down  to  a  hum- 
drum existence  in  the  top  story  of  a  New 
York  hotel.  While  there  he  defended  his  po- 
sition in  the  following  characteristic  style: 
"They  say  I  talk  as  one  out  of  his  head.  Why 
should  I  not  do  so?  How  can  a  peanut  con- 
vention kno\v  about  a  cocoanut?  The  pea- 
nuts composing  it  have  never  seen  a  cocoanut. 
They  don't  know  what  it  is.  The  peanut  con- 
vention considers  the  cocoanut,  deliberates 
wisely  and  passes  a  resolution  that  the  cocoa- 
nut  is  a  large  peanut.  And  how  can  a  cocoa- 
nut  find  out  what  it  is  like  until  it  has  seen 
another  cocoanut  like  itself?  I  am  a  cocoa- 
nut."  Train  died  in  1903,  at  the  age  of  sev- 
enty-four years. 

Henry  George,  the  formulator  and  exponent 
of  the  single-tax  theory,  wrote  "Progress  and 
Poverty"  while  acting  as  editor  of  the  San 
Francisco  Post.  In  abbreviated  form  the  mat- 
ter was  first  used  as  meat  for  a  lecture,  and 
after  San  Francisco  had  been  favored  with  the 
radical  views  of  the  great  editor,  George  came 
to  San  Jose  with  his  manuscript.  Patrick  W. 
Murphy,  city  editor  of  the  Post,  was  the  busi- 
ness manager  and  the  lecture  was  delivered 
in  the  San  Jose  Opera  House  to  a  small  audi- 
ence. But  the  expenses  were  light  and  no 
monev  was  lost.  George  took  the  situation 
good-naturedly,  for  he  was  a  jovial,  big-hearted 
man,  and  declared  that  he  was  satisfied  with 
the  sowing  of  the  seed  and  would  serenely 
await  the  verdict  of  time. 

While  in  San  Jose,  George  was  the  guest 
of  J.  J.  Owen,  the  veteran  editor  and  philoso- 
pher. On  the  afternoon  preceding  the  lecture 
George  was  in  Owen's  office.  Among  other 
things  they  discussed  the  local  sensation, 
which  was  of  absorbing  interest  to  Owen,  who 
was  an  avowed  spiritualist.  Strange,  unac- 
countable manifestations  had  been  re])orted 
from  a  small,  one-story  house  on  Fourth  Street 
near  St.  John.  Spooks,  no  less,  so  it  was 
claimed  and  generally  believed,  had  repeatedly 
broken  windows,  thrown  stones  against  the 
building  and  cut  up  other  queer  and  devilish 
pranks.  The  lessee  of  the  house  was  a  well- 
known  citizen  (now  deceased),  who  was  ut- 
terly unable  to  understand  why  he,  of  all  men, 
should  be  singled  out  for  these  satanic  mani- 
festations. His  standing  in  the  community 
was  high,  he  had  led  an  upright  life  and  he 
was  not  aware  that  he  had  any  enemies.  The 
spooks — admitting  that  malignant  spirits  from 


the  other  world  had  been  at  work — had  oper- 
ated at  all  hours,  day  and  night.  George 
listened  to  the  story,  asked  a  few  questions, 
and  then  said  :  "Let's  go  down  to  the  house 
and  investigate.  We  may  stumble  upon  a 
clew.  I  don't  take  any  stock  in  this  spook 
business."  Owen  smiled  but  did  not  express 
an)^  opinion.  The  historian,  who  was  then 
doing  reportorial  work  for  Owen,  accompanied 
the  two  editors  to  the  house  of  mystery.  The 
lessee  was  not  at  home,  but  his  daughter  was 
there.  She  smiled  cynically  as  she  bade  the 
trio  enter  the  living  room,  which  fronted  on 
the  street.  It  was  noticed  on  entering  that 
some  of  the  panes  in  the  two  front  windows 
were  broken.  George  examined  the  breaks 
and  then  addressed  himself  to  the  girl,  who 
sat,  sullen  and  defiant,  near  the  door  opening 
into  the  kitchen.  The  door  was  closed  and 
there  was  no  sound  to  indicate  the  presence 
of  any  other  person  in  the  house.  Owen 
asked  if  the  mother  was  at  home.  The  girl 
shook  her  head.  She  was  rather  attractive, 
with  her  black  hair  and  eyes,  pale  cheeks  and 
tip-tilted  nose.  P>ut  her  expression  registered 
resentment  rather  than  pleasure,  over  the 
coming  of  the  investigators.  Her  story  tallied 
with  that  given  by  her  father.  The  mysteri- 
ous manifestations  had  occurred  at  all  hours 
of  the  day  and  night.  She  had  no  theory  to 
achance.  The  stones  might  have  been  thrown 
by  evil  spirits  or  b}'  some  human  enemy  cun- 
ning enough  to  escape  detection. 

After  the  inquisition  Owen  and  George,  with 
this  historian  at  their  heels,  looked  into  and 
examined  every  room  in  the  house.  Nothing 
of  value  as  a  clew  having  been  discovered,  the 
three  newspaper  men  returned  to  the  living 
room,  the  girl  following  them.  She  resumed 
her  former  seat  and  listened  with  an  amused 
smile  wdiile  George  and  Owen  discussed 
spooks,  politics  and  religion.  At  last  George, 
changing  the  subject,  said  to  Owen:  "Have 
you  made  up  your  mind?"  Owen  was  about 
to  answer  ^\hen  there  came  a  noise  as  of  the 
shattering  of  glass.  The  investigators,  quickly 
getting  to  their  feet,  saw  that  another  pane 
had  Ijeen  broken.  "AVell,"  ejaculated  George, 
"his  spookship  is  considerate.  That  show 
was  given  for  our  benefit.  Thank  you.  Spooky. 
Maybe" — he  smiled  at  the  girl,  who  sat  star- 
ing at  the  window  with  her  hands  concealed 
in  her  apron — "Maybe  this  is  a  case  of  hoisting 
by  one's  own  petard."  AValking  over  to  the 
^^'indo^v,  he  examined  thoroughly  pane,  sash 
and  floor,  then  opened  the  front  door  and 
stepped  outside.  He  was  gone  but  a  few  mo- 
ments. Returning,  he  looked  at  the  girl  stead- 
ily, accusingly.  She  stood  the  scrutiny  half 
a  minute,  then  cast  down  her  eyes  and  fum- 
bled nervously  with  her  hands,  still  concealed 
under   her   apron.     She   did   not  lift  her   eyes 


HISTORY   OF   SANTA   CLARA   COUNTY 


129 


while  George  was  speaking.     "Miss  ,"  he 

saiil,  gravely,  "the  stone  was  thrown  from  this 
room,  therefore — "  Me  paused  and  the  girl 
burst  out:  "It's  no  use  trying  to  fool  you. 
How  did  you  hud  it  <iut?"  "F.asy  enough. 
The  glass  broken  hv  the  smash  is  on  the 
ground  t>utsi(.le  and  not  in  this  room."  Then 
he  added.  "\\di)'  did  ^'(>u  do  it?  You  must 
ha\e  '"lad  some  stro)ig  reason."  "1  had."  was 
the  low  reph'.  1  ler  story  \\as  soon  told,  Sh'i 
hated  the  house  and  had  been  trying  for 
months  to  induce  her  father  to  move  to  another 
place.  Unable  to  inHuence  him,  she  had  hit 
upon  the  device  of  scaring  him  into  compli- 
ance. The  scheme  might  have  succeeded  but 
for   Henry   George's   astuteness. 

The  story  ended,  the  girl  fell  to  crying.  Her 
father  would  never  forgive  her.  She  had  a 
mind  to  run  away  and  ne\'er  come  back.  Her 
life  was  ruined,  and  so  forth,  and  so  forth. 
George  \\'as  kind  and  sympathetic.  His  sooth- 
ing words  soon  dried  her  tears.  There  was  a 
way  out  of  the  tangle  and  he  promised  to  find 
it  before  he  left  town.  He  was  as_good  as  his 
word.  The  father  was  seen  and  after  much 
persuasion  agreed  to  take  another  house,  and 
also  ne^■er  to  reproach  his  daughter  for  wdiat 
she  had  done.  That  ended  the  matter.  The 
manifestations  ceased  and  Henry  George  left 
town  in  a  satisfied  frame  of  mind.  He  had  not 
made  any  money  in  San  Jose,  but  he  had  had 
a  fine  time. 

Bret  Harte  made  several  visits  to  San  Jose 
while  he  was  editor  of  the  0\'erland  Monthly. 
One  visit  lasted  several  days.  It  was  shortly 
after  the  publication  of  his  first  book  of  poems, 
"The  Lost  Galleon."  He  is  remembered  as  a 
small,  dapper,  elegantly  clothed  person,  with 
black  mustachios  and  "liurnsides"  and  a  pock- 
marked face. 

Mark  Twain  was  in  San  Jose  a  few  days 
before  his  lecture.  This  was  in  1866.  His 
controversy  with  AV.  Frank  Stewart,  the  earth- 
quake philosopher,  has  been  referred  to  in  an 
earlier  chapter. 

In  the  Society  chapter  reference  was  made 
to  the  visits  to  San  Jose  of  Presidents  Mc- 
Kinley  and  Roosevelt."  Other  Presidents  who 
came  before  them  were  Hayes,  Grant  and  Har- 
rison. Hayes  was  in  the  middle  of  his  term 
when  he  made  the  overland  trip  to  California. 
There  was  not  much  fuss  made  over  his  ar- 
rival, though  a  large  crowd  gathered  to  listen 
to  his  address,  made  from  the  balcony  of  the 
Auzerais  House.  He  was  accompanied  by 
Gen.  AV.  T.  Sherman. 

President  Harrison's  visit  was  a  flying  one. 
He  alighted  from  the  train  at  the  Market  Street 
depot  was  driven  rapidly  about  town  and  then 
back  to  the  train.  He  made  one  speech,  short 
and  to  the  point,  like  all  his  public  utterances. 

9 


The  great  ovation  was  given  to  Gen.  U.   S. 
Grant   on    September    26,    1.S79.      In    honor    of 
the     event     business    houses     generally     were 
closed,  the  courts  took  a  half-holiday,  and  the 
city  w;is  given  an  attractive  gala-day  ajjpear- 
ance.      Nearly    all    the    public    structures    and 
business    blocks    were    profusely     and     hand- 
somely decorated   with   flags,   shields  and   fes- 
toonings  of  red,  white  and  blue,  while  private 
dwellings  along  the  line  of  march  were  simi- 
larly arrayed  and  bedecked.     It  was  estimated 
at  the  time   that  more   than  20,000  people,   in 
holiday  attire,  awaited  the  coming  of  the  man 
who  had  reflected  such  honor  up(jn  his  coun- 
try.     Military    and     civic     organizatiims     took 
part  in  the  parade,  the  late  W.  T.  Adel  acting 
as  grand  marshal,  with   Capt.   Ira   Moore  and 
A.    P.    Murgotten   as   aids.      The    former    resi- 
dents of  Galena,   111.,  Grant's  old  home,  were 
represented  by  Judge  Chas.  G.  Thomas,  G.  J. 
Overshiner,  C.  O.  Rogers,  O.  C.  Wells  and  C. 
Bellingall.     At    the    depot    Mayor    Lawrence 
Archer  delivered  the  address  of  welcome.     The 
reception  committee   consisted  of  W.   D.  Tis- 
dale,  T.  Ellard  Beans,  Rev.  M.  S,  Levy,  Capt. 
C.  H.  Maddox  and  J.  J.  Owen.     The  torn,  tat- 
tered  and   faded   l^attle   flag  carried   by   D.   C. 
Vestal,  as  color-bearer  of  Phil  Sheridan  Post, 
excited  much  comment,  and  its  history  would 
not  be  out  of  place  here.     It  belonged  in  1864 
to  the  Twenty-first  Regiment,  South  Carolina 
Colored  Volunteers,  commanded  by  Col.  A.  G. 
Bennett,  afterwards  of  San  Jose,  and  was  the 
first  LTnion  flag  raised  in  Charleston  after  that 
city's  surrender  to  and  occupation  by  the  Union 
forces.     Five   color-bearers    were    shot    down 
\vhile    carr3-ing   it,    and    every   hole   in    it   was 
made  by  a  Confederate  bullet. 

General  Grant  and  party,  wdiich  included 
Mrs.  Grant  and  Ulysses  S.  Grant,  Jr.,  received 
a  pleasant  surprise  wdien  the  procession  ap- 
proached the  Court  House.  Upon  the  steps 
and  platform  were  congregated  some  500  chil- 
dren, each  one  tastefully  arrayed  in  white  with 
red  and  blue  ornamentations  and  bearing  a 
small  flag  and  a  boucjuet  of  flowers.  The  gen- 
eral's carriage  was  driven  to  the  edge  of  the 
sidewalk  and  halted.  Then  the  children,  un- 
der the  direction  of  Professor  Elwood,  struck 
up  the  National  anthem,  ''America,"  singing 
the  four  stanzas  with  such  spirit  and  feeling 
as  made  the  ^velkin  ring.  At  the  close  three 
cheers  were  given  to  General  Grant  and  then 
came  a  shower  of  bouquets  thrown  at  the  car- 
riage. After  the  procession  had  disbanded  the 
general  was  driven  to  the  Fair  Grounds  on 
the  Alameda,  where  a  running  horse  race, 
against  time,  had  been  arranged  for  his  benefit. 
In  the  evening  a  banquet  was  given  at  the 
Auzerais  House.  Mayor  Archer  presided  and 
Col.  J.  P.  Jackson  of  San  Francisco  made  the 


130 


HISTORY  OF   SANTA   CLARA   COUNTY 


response  for  General  Grant.  The  following 
\vere  present : 

Ladies — Airs.  U.  S.  Grant.  Mrs.  Mayor  Llry- 
ant  (jf  San  Francisct),  Mrs.  Mav(.)r  Archer, 
Mrs.  S.  t).  Houghton,  :\Irs.  T.  Ellard  Beans, 
Mrs.  B.  D.  Mur].hy,  .Mrs.  C.  H.  Maddox,  Mrs. 
H.  W.  Seale,  Airs.  Knox-Goodrich,  Mrs.  Ira 
Moore,  Mrs.  G.  R.  Baker,  Mrs.  F.  E.  Spencer, 
Mrs.  J.  J.  Owen,  Mrs.  Gov.  Irwin,  Mrs.  Cole- 
man Younger,  Airs.  L  A.  Aloultrie.  Mrs.  J.  W. 
Cook,   Mrs^.   \V,   T.   Adel,   Mrs.   Johnson,    Airs. 

A.  L.  Rhodes,  Airs.  J.  H.  Aloore. 
Gentlemen — L.   Archer,   AY   D.   Tisdale,   AA'. 

L.  Tisdale,  T.  E.  Beans,  E.  AIcLaughlin,  C.  T. 
Ryland,  T-  M.  Braley,  E.  AIcLaughlin,  H.  H. 
Hoffmann,  H.  B.  Alvord,  C.  T.  Parks,  AA\  Erk- 
son,  J.  J.  Burt,  L.  G.  Xesmith,  John  T.  Ala- 
lone,  H.  L.  Cutter,  C.  C.  Stephens.  Alartin 
Alurphy,  T.  AA'.  Spring,  D.  C.  A'estal,  AY.  S. 
Thorne,  A.  AlcAIahon,  AA'.  L.  Coomlis,  L.  Ein- 
igan,  li.  AI.  Leonard,  J.  P.  Pierce,  AI.  Bvrne, 
Ira  Moore,  R.  E.  Peckliam,  J.  AY.  Cook,  AY.  E. 
Ellis,  AY.  AI.  Lovell,  S.  O."  Houghton,  C.  H. 
Maddox,  ,S.  AA.  Boring,  S.  A.  Clark,  Levi  Good- 
rich,  J.  H.  Flickinger,  L.  Lion,  D.   Belden,   B. 

D.  Alurphy,  P.  AA'.  Murphy.  E.  C.   Singletary, 

E.  P.  Reed.  James  A.  Clavton,  D.  C.  Bailev, 
S.  E.  Leib,  Geo.  L.  AYoods,  G.  E.  Baker,  A. 
E.  Pomerov,  H.  AA^  Seale,  J.  J.  Sontheimer,  J. 
J.  Owen.  Allies  Hills.  N.  R"  Harris,  N.  B.  Ed- 
wards, J.  N.  Hammond,  J.  R.  Lowe,  S.  A. 
Barker,  "C.  G.  Thomas,  J.  S.Seelv,  C.  X.  Hobbs, 

B.  B.  Thaver,   L.    J.   Hanchett,    J.   P.   Sargent, 

C.  E.  White,  AY.  S".  Clark,  AA^ilson  Hays,  J.  B. 
Randol,  AA-.  T.  Adel,  A.  AAHiitton,  Coleman 
Younger,  AI.  J.  Ashmore,  Jesse  D.  Carr,  J.  C. 
Zuck,  F.  E.  Spencer,  C.  C.  Hayward,  A.  AA^. 
Saxe,  A.  L.  Rhodes,  Geo.  Rutherford,  J.  T. 
Alurphy  and  C.  G.  Harrison. 

San  Francisco — LT.  S.  Grant,  A.  J.  Bryant,  J. 
H.  Smith,  AY.  AY.  Dodge,  A.  M.  Scott^  AI.  L. 
AIcDonald,  J.  P.  Jackson,  E.  Danforth,  AI.  D. 
Bornck,  H.  Brickwedel,  John  Wise  and  Henry 
Pierce. 

Lecturers  from  over  the  sea  who  came  to 
San  Jose  were  T.  P.  O'Connor,  Michael  Davitt 
and  Timothy  Healey,  Irish  patriots.  From  the 
East  came  Robert  G.  Ingersoll,  Henry  AVarcl 
Beecher,  Theodore  Tilton,  Col.  E.  Z.  C.  Jud- 
son,  Elizabeth  Cady  Stanton,  Dr.  Alary 
AValker,  Anna  Howard  Shaw,  Anna  Dickinson 
Mrs.  Mar_v  A.  Livermore,  Dr.  Alary  AA^alker 
and  Oscar  AA'ilde.  The  lectures  oi  Beecher 
and  Ingersoll  were  not  far  apart,  l>ut  their 
speaking  styles  ^\•ere  as  far  apart  as  the 
poles.  Beecher  was  ornate,  flowery  and 
serious.  He  was  elo(|uent  in  a  lofty  way  and 
his  voice  was  a  volume  of  musical  sound.  Fjut 
he  never  thrilled  an  audience  as  Ingersoll 
thrilled  it.  Ingersoll  i)ossessed  a  personal  mag- 
netism more  seducti\e  than  any  speaker  who 
ever   visited    San    Jose.      At    his    first    lecture, 


gi\"en  in  Alusic  Hall  on  First  Street,  the  front 
Ijench  was  occupied  mainly  by  ministers  of 
the  local  Protestant  churches,  gathered  there 
out  of  curiosit}'.  Before  and  after  the  lecture 
they  called  Ingersoll  a  sophist,  one  who 
touched  insignificant  errors  but  failed  to  sound 
the  depths  of  Christian  philosophy  as  revealed 
in  the  pages  of  the  Bible.  But  that  night  they 
\vere  so  carried  away  by  the  great  agnostic's 
([uips  and  quirks  that  their  laughter,  chuckles 
and  unconscious  movements  broke  down  the 
bench  upon  which  they  were  sitting,  thus  cre- 
ating a  diversion  that  greatly  amused  the  lec- 
turer and  caused  a  laughable  commotion  in 
other  parts  of  the  hall. 

Theodore  Tilton  was  stiff,  stilted  and  self- 
conscious.  He  had  a  fine  command  of  lan- 
guage, but  his  mannerisms,  his  posings  and 
his  Conceit  combined  to  create  an  unfavorable 
impression.  He  came  to  San  Jose  just  after 
the  celebrated  trial  in  Brooklyn  of  the  re- 
nowned Tabernacle  preacher,  and  his  notoriety 
— not  his  fame  as  a  public  speaker — had  the 
effect  of  dra^^■ing  to  his  lecture  a  very  large 
audience. 

Airs.  Stanton  produced  an  altogether  differ- 
ent impression.  She  was  easy,  graceful  and 
earnest,  spoke  without  effort  and  made  her 
ijoints  without  artifice.  Anna  Howard  Shaw 
and  Anna  Dickinson  were  polished  speakers. 
Aliss  Dickinson  was  the  more  dramatic. 

Of  the  Irish  lecturers,  Flealey  and  Davitt 
were  serious  and  impassioned.  O'Connor  (Tay 
Pay)  was  serious  and  witty  by  turns,  and  his 
talk  was  therefore  more  entertaining  than  that 
of  his  fellow-workers  in  the  Irish  cause. 

In  the  '80s  the  annual  encampment  of  the 
National  (^irand  Army  of  the  Republic  was 
held  in  California.  After  the  session  San  Jose 
was  visited  by  a  large  number  of  delegates, 
the  number  including  Gens.  John  A.  Logan, 
C.  S.  Fairchild,  and  George  Stoneman.  At  the 
time  Stoneman  was  Governor  of  California. 
Before  this  event  Gen.  AY.  S.  Hancock  had 
been  in  San  Jose.  Of  the  warriors,  Logan,  as 
a  speaker,  was  eloquent,  impressive  and  force- 
ful. AA'ith  his  long  hair,  once  raven-black  but 
now  streaked  with  gray,  his  flashing  black  eyes 
and  handsome  features,  he  made  a  picture  that 
was  pleasing  to  look  upon.  General  Hancock 
was  not  an  orator.  He  was  over  six  feet  in 
height,  ponderous  and  heavy,  and  moved 
slowly,  as  if  he  found  it  an  effort  to  lift  .his 
feet.  He  spoke  haltingl}',  but  made  a  good 
impression  on  account  of  his  transparent  hon- 
esty and   unaffected  manner. 

In  later  days  came  Josh  Billings,  Opie  Read, 
James  AA'hitcomb  Riley,  Bill  Nye,  Geo.  AA". 
Cable,  Geo.  Alfred  Townsend,  Jack  London, 
Joaquin  Miller,  Airs.  Alary  Austen,  King  Kala- 
kaua,  of  the  Hawaiian  Islands,  Gen.  John  C. 
Fremont,    AA'illiam    J.    Bryan,    Booker    AA'ash- 


HISTC)R^'   OF   SANTA   CF.ARA   COUNTY 


131 


ingtoii,  Thomas  1!.  Ivccd,  and  sc\cra1  iitlicr 
notables  \\hose  names  cannot  ]>v  recalled. 
Bryan's  tirst  \isit  to  San  Jose  was  made  in 
\S97,  the  year  after  he  was  defeated  for  the 
liresidencA'  b^■  \\  illiani  McKinle\'.  Tliere  \vas 
cjuite  a  demonstration  when  he  arrixed  xvith 
James  0.  Maguire,  congressman  from  the  San 
Francisco  district.  He  spoke  at  the  Fair 
Grountls  before  a  large  audience  and  after- 
wards held  a  reception  at  the  Hotel  V'endome. 
General  Fremont  visited  San  Jose  a  few 
years  before  his  death.  He  was  the  guest  of 
the  Santa  Clara  County  Pioneers,  and  after 
sightseeing  in  San  Jose  the  General  and  his 
wife  were  taken  to  the  Big  Trees  in  Santa 
Cruz  County,  A\here  an  old-fashioned  enter- 
tainment was  provided. 

One  whose  career  was  one  series  of  sensa- 
tional adventures  and  wdrose  reputation  dur- 
ing the  '50s  and  '60s  was  world-wide,  stayed 
in  San  Jose  for  several  weeks  in  1868.  The 
man  was  Col.  E.  Z.  C.  Judson  (Ned  Buntline), 
who  was  the  originator  in  the  United  States 
of  the  dime  novel.  He  was  also  the  pioneer  in 
the  writing  of  lurid  fiction.  He  was  a  grad- 
uate of  the  Annapolis  Naval  Academy  and  was 
commissioned  midshipman  for  bravery  in  res- 
cuing a  boat's  crew  from  drowning  in  New 
York  harbor.  AVhile  in  the  navy  he  fought 
seven  duels.  His  fellow-middies  refused  to  as- 
sociate themselves  with  him  because  he  had 
been  a  common  sailor.  To  enforce  their  re- 
spect he  challenged  all  of  them,  thirteen  in 
number,  to  mortal  combat.  Only  seven  agreed 
to  fight,  and  he  worsted  them  all  in  quick  suc- 
cession without  receiving  a  scratch  himself. 
One  of  his  opponents  was  afterwards  an  ad- 
miral in  the  navy.  He  was  an  active  partici- 
pant in  the  Florida  (Indian)  and  Mexican 
wars,  and  in  the  Civil  War  w^as  the  colonel  of 
a  regiment  of  mountaineers.  He  was  a  crack 
shot"  and  in  the  70s,  in  a  trial  of  skill  with 
Buffalo  Bill,  Texas  Jack  and  a  number  of  In- 
dian chiefs,  he  easily  proved  his  superiority. 

He  began  to  write  fiction  in  the  early  '40s. 
In  1848  he  started  a  paper  in  New  York  in 
order  to  further  the  cause  of  Know-Nothing- 
ism,  of  which  he  was  an  ardent  and  reckless 
supporter.  In  that  same  year  he  was  sentenced 
to  one  year's  confinement  in  prison  as  one  of 
the  leaders  in  the  Astor  House  riots  when  the 
adherents  of  Edwin  Forrest,  the  great  Ameri- 
can tragedian,  attempted  to  mob  W.  C.  Mac- 
ready,  the  English  tragedian,  as  a  reprisal  for 


iusidts  hc;iped  n])on  '  iMirrest  I)y  A-lacreafly's 
hjigiish  frit'uds  wliile  h'orresl  was  lilhng  a 
London  engagement.  He  \\'as  one  of  the  pio- 
neers in  waging  \var  against  the  pul)lication 
and  circulation  of  immoral  literature.  In  1852, 
long  1)efore  Anthonv  Comstock  was  in  the 
field,  he  made  complaint  against  an  ofl^ending 
|ud4islier.  The  ]jlace  \vas  raided  l)y  the  police 
and  tons  of  olijectionable  literature  were  seized 
and  Ijurned  in  City  Hall  Park. 

Xed  Buntline's  first  serial  story  a])peared  in 
1857,  and  for  over  twenty  j^ears  l^ear  and  In- 
dian stories,  war  and  sea  romances,  local  nov- 
els— in  fact  ever)'  variety  of  sensational  fiction 
— flmved  in  constant  stream  from  his  pen.  In 
1868  he  came  to  California  as  a  teinperance 
lecturer.  He  had  been  a  hard  drinker,  but  had 
reformed.  During  his  sta}-  in  San  Jose  he  de- 
livered one  of  his  lectures  under  the  auspices 
of  the  local  Good  Templar  lodge.  Of  the  com- 
mittee of  introduction  only  one  member  is 
now  living  (1922),  the  veteran  lawyer.  J.  C. 
Black,  who  afterwards  served  as  district  attor- 
ne}'  and  was  special  prosecutor  in  several  nota- 
ble criminal  cases. 

After  leaving  San  Jose  Buntline  started  east- 
ward, but  laid  over  several  months  in  Laramie, 
Wyo.,  in  order  to  obtain  material  for  a  new 
series  of  wild  west  stories.  Here  he  met  Buf- 
falo Bill,  who  had  just  completed  a  contract 
to  supply  buffalo  meat  for  the  tracklayers  of 
the  Kansas  Pacific  Railway,  and  whose  repu- 
tation then  was  mainly  local.  The  two  men 
became  fast  friends  and  a  short  time  after  their 
meeting  Buntline  sent  the  first  Buffalo  Bill 
romance  to  a  New  York  story  paper.  Other 
stories  quickly  followed,  and  within  a  year 
Buffalo  Bill  became  the  most  talked-of  person- 
age in  America.  Not  content  wdth  newspaper 
exploitation,  Buntline  wrote  a  play  called 
"Buffalo  Bill,  the  King  of  Scouts,"  and  induced 
Bill  to  appear  in  the  titular  role.  The  first  per- 
formance was  given  in  a  Western  city.  Other 
plays  starring  Buffalo  Bill  were  written,  a 
company  was  formed.  Wild  Bill  and  Texas 
Jack  becoming  members,  and  a  tour  of  the 
country  was  made,  San  Jose  being  visited  in 
1877.  After  parting  with  Buffalo  Bill,  Bunt- 
line resumed  his  temperance  crusade,  but  still 
kept  up  his  story-writing.  A  large  portion  of 
the  money  he  earned  was  spent  in  improving 
his  country  place  in  Westchester  County,  New^ 
York.    He  married  late  in  life  and  died  in  1886. 


CHAPTER  XL 

Santa  Clara  County  During  the  Civil  War — Many  Companies  Formed — 
Confederate  Sympathizers  Take  to  Robbery — The  Fight  on  the  New 
Almaden  Road — Excitement  Over  the  Death  of  Abraham  Lincoln. 


Santa  Clara  County  was  loyal  during  the 
Civil  War,  which  opened  in  1861.  It  furnished 
both  money  and  men  to  the  Union  cause. 
Many  thousands  of  dollars  were  contri1)uted 
and  placed  at  the  disposal  of  the  Sanitary  Com- 
mission, and  more  volunteer  soldiers  were  ten- 
dered than  were  required.  The  majority  of 
the  volunteers  were  either  retained  in  the 
state  or  sent  to  Arizona  and  New  Mexico. 
There  was  no  draft  ever  ordered  in  California 
to  secure  her  proportion  of  troops,  while  there 
\\'as  always  a  reserve  of  ^•olunteers.  (jrganized 
under  the  state  laws,  more  than  sufficient  for 
any  emergency  that  might  arise.  California 
was  far  from  the  center  of  government,  with 
a  long  line  of  exposed  seacoast  which,  in  case 
of  foreign  complications,  was  subject  to  attack. 
For  this  reason  it  was  necessary  that  the  great 
bulk  of  the  population  should  remain  at  home 
for  self-protection.  Many  men  went  to  San 
Francisc(.}  and  citJier  cities,  not  being  able  to 
enlist  at  home  on  account  of  the  filling  of  the 
quota.  Some  enlisted  in  the  California  Bat- 
talion. Two  San  Joseans,  W.  H.  Lawrence  and 
George  W.  Lee,  joined  the  battalion  and  were 
prisoners  in  Anclersonville.  Mr.  Lawrence  is 
still  a  resident  of  the  city.  ^Ir.  I^ee  removed 
to  Santa  Cruz  in  1919.  (Jther  meml)ers  from 
Santa  Clara  County  were  Abe  W'ithrow  and 
Warren  Wood  of  Santa  Clara,  and  James 
Hacket  of  San  Jose. 

Of  those  who  enlisted  in  San  Jose,  there  is 
record  of  the  following  : 

San  Jose  N'olunteers,  afterwarrls  Company 
C,  First  Regiment,  Infantry.  Organized  in  vSan 
lose,  June  21,  1861,  as  folkjws  :  J  I.  A.  Gorley, 
captain;  John  Martin,  first  lieutenant;  D.  C. 
Vestal,  second  lieutenant ;  S.  C.  Thomas,  third 
lieutenant;  M.  Pulaski,  first  sergeant;  J.  H. 
Murphy,  second  sergeant;  Edgar  Pomeroy, 
third  sergeant;  T.  J.  Cuiston,  third  sergeant; 
John  Mulholland,  first  corporal ;  W.  M.  Owen, 
second  corporal ;  David  Downer,  third  cor- 
poral;  Randolph  Lea\enworth,  fourth  corporal. 
The  celebration  of  the  Fourth  of  Jul}'  in  that 
year  was  marred  by  a  painful  accident  where- 
j)y  Gorle\',  Martin  and  Ed  Morton  were  injured 
while  firing  a  national  salute.  The  company 
was  reorganized  as  veterans  at  Las  Cruces, 
N.  M.,  Novem1)er  29,  1864.  During  the  war 
there  were  many  desperate  engagements  with 
Indians.      Lieutenant   Vestal,    with     his     com- 


pany, assisted  in  the  capture  of  the  notorious 
Showalter  and  his  band.  The  company,  while 
in  the  desert,  marched  o\'er  2,000  miles. 

Second  Regiment,  Infantr}' — Organized  No- 
\-ember  29,  1861.  The  Santa  Clara  County  men 
in  this  regiment  were  generally  credited  to 
Mayfield.  T.  C.  Winchell  was  adjutant;  Mont- 
gomery Maze  (afterwards  a  searcher  of  rec- 
ords in  San  Jose),  was  second  lieutenant  of 
Company  A  and  C.  P.  Fairfield  was  first  lieu- 
tenant of  Company  I. 

Third  Regiment,  Infantr}- — Organized  in 
1861.  Served  in  Utah  and  Colorado.  J.  C. 
Merrill  was  captain  of  Company  B.  There 
were  Santa  Clara  County  men  in  Companies 
D,  E  and  G.  W'illiam  J.  Colahan,  deceased, 
^vas  in  Company  G. 

Eighth  Regiment,  Infantry — Company  C 
was  organized  in  San  Jose  in  1864.  After  be- 
ing mustered  in,  the  regiment  \vas  stationed  at 
Fort  Point,  California. 

First  Battalion  of  Mountaineers — Organized 
in  1862.  Served  in  the  mountain  campaigns 
against  the  hostile  Indians  in  California  and 
Nevada.  George  W.  Owsley  was  captain  of 
Company  B. 

First  Ca\alr},'  Regiment — Compan}-  E  organ- 
ized in  August,  1861.  Served  in  Arizona,  New 
Mexico  and  Texas.  Engaged  against  the 
Kiowa,  Comanche,  Navajo  and  Apache  In- 
dians. There  were  also  Santa  Clara  men  in 
Companies  I  and  L  of  this  regiment. 

First  Battalion  of  Native  Ca\'alry — Company 
j\  was  organized  in  1863  by  Captain  J.  R.  Pico. 
Ser\  ed  in  California  and  Arizona.  The  bat- 
talion was  composed  mainly  of  native  Cali- 
fornians. 

In  addition  to  the  foregoing  troops,  the  fol- 
lowing organizations  were  held  for  state 
service : 

F'irst  Regiment,  Cavalry — Company  E:  H. 
M.  Le(mard,  captain;  E.  Vandyne,  first  lieuten- 
ant; D.  J.  Burnett,  second  lieutenant;  H.  C. 
Morrell,  Jr.,  third  lieutenant.  Sixty  men  in 
the  com]jany,  all  armed. 

Company  I,  Burnett  Light  Horse  Guard — J. 
K.  Hall,  captain;  P.  Henry,  first  lieutenant;  j. 
Chrisman,  senior  second  lieutenant;  A.  J.  Fow- 
ler, junior  second  lieutenant.  Fifty  men  in  the 
company,  all  armed. 

Company  K,  New  Almaden  Cavalry — L.  F. 
Parker,  captain;  J.  P.  Dudley,  first  lieutenant; 


^IIST()R^'   OF   SANTA   CI.AKA   COUNTY 


133 


H.  H.  Curtis,  senior  second  lieutenant;  A.  V. 
Foster,  junior  second  lieutenant.  l'\)rty  men 
in  the  conipan)-,  all  armed. 

National  Ivigiit  .Vrtillery — S.  (  ).  TIon,L;hton, 
captain:  C.  T.  Henley,  first  lieutenant;  jacol) 
W'eiS'ant,  junior  first  lieutenant;  N,  l'>.  Ed- 
wards, senior  second  lieutenant;  F"<l\var(l  l^add, 
junior  second  lieutenant. 

Fifth  Regiment,  Infantry — .\.  Jones  Jackson, 
colonel;  A.  B.  Rowley,  lieutenant-colonel;  J. 
Porter,  major;  J.  O.  \\'anzer,  adjutant;  Chas. 
X.  Senter,  regimental  quartermaster ;  A,  J. 
Cor}',  surgeon. 

Company  A,  Union  Guard — Chas.  P.  Crit- 
tenden, captain;  E.  J.  Morton,  first  Heutenant; 
George  Evans,  senior  second  lieutenant;  N. 
Klein,  junior  second  lieutenant.  Sixt)'  men. 
armed  with  rifles. 

Company  B,  San  Jose  Zouaves — A.  W. 
White,  captain;  M.  Campbell,  first  lieutenant; 
F.  B.  Fuller,  senior  second  lieutenant;  AV.  T. 
Adel,  junior  second  lieutenant.  Eighty  men, 
armed  with  rifle  muskets. 

Company  C.  Alviso  Rifles — Thatcher  F. 
Barnes,  captain;  John  Root,  first  lieutenant; 
Edward  W.  Williams,  senior  second  lieuten- 
ant; Charles  E.  Morrison,  junior  second  lieu- 
tenant.    Sixty  men,  armed  with  rifle  muskets. 

Company  E.  Gilroy  Guards — John  H.  Ad- 
ams, captain;  William  O.  Barker,  first  lieuten- 
ant; W^illiam  Van  Gundy,  junior  second  lieu- 
tenant.    Forty  men.  armed  with  rifle  muskets. 

Company  H,  Santa  Clara  Guard — William 
H.  Swope,  first  lieutenant;  W.  H.  Menton, 
senior  second  lieutenant;  A.  F.  Harlow,  junior 
second  lieutenant.  Sixty  men,  armed  with 
rifle  muskets. 

Johnson  Guard,  unattached — John  M.  Mur- 
phy, captain  ;  N.  B.  Edwards,  first  lieutenant ; 
J.  F.  Faulkner,  senior  second  lieutenant ;  P.  W. 
Riordan,  junior  second  lieutenant.  Fifty  men, 
armed  with  muskets. 

In  1864  a  company  of  men,  representing  the 
Confederate  government,  was  organized  for 
the  purpose  of  raising  money  for  the  Confed- 
erate cause  by  robbing  stages  and  banks  in 
California.  Several  recruits  were  obtained  in 
Santa  Clara  Count}'.  In  May  of  that  year  two 
\A'ells-Fargo  stages  were  stopped  near  Placer- 
ville  by  this  band,  then  under  the  command  of 
Ralph  Henry,  alias  Ingraham.  He  gave  a  re- 
ceipt for  the  several  hundred  pounds  of  bul- 
lion taken  from  the  stages,  stating  that  he  was 
acting  for  Jefferson  Davis.  A  day  or  two  after 
the  robbery  Deputy  Sherifif  Staples  of  El  Do- 
rado Count}'  came  upon  the  gang  in  a  house 
in  the  mountains,  and  without  sufficient  assist- 
ance attempted  to  arrest  them.  He  was  killed 
in  the  attempt.  A  man  named  Poole  was 
wounded  in  the  fight  and  captured.  The  other 
members   of   the   band    escaped.      The   captive 


made  a  confession,  in  wdiich  he  named  the 
meml)ers  of  the  .gan.g. 

(  )n  the  night  of  Thursday,  July  14,  between 
nine  and  ten  o'clock,  three  men  called  at  the 
house  of  a  Mr.  Hill  on  the  New  Almaden  road, 
a  few  miles  from  San  Jose,  and  asked  permis- 
sion to  stay  overnight,  stating  that  they  were 
lookin.g  for  some  friends  wdio  would  pass  that 
way.  Mr.  Hill  directed  them  to  an  unoccupied 
building  close  by,  sa}nng  that  if  they  crjuld  put 
tip  with  such  ])r)or  accommodation  they  were 
welcome  to  the  use  of  it.  The  three  men  re- 
mained in  the  building  all  night  and  all  the 
next  da}-.  Thinking  that  the  actions  of  the 
men  were  rather  suspicious.  Hill  came  to  San 
Jfise  and  told  his  story  to  the  officers.  Sheriff: 
Jfihn  H.  Adams  at  once  organized  a  posse,  con- 
sisting of  Deput}'  Sheriff's  G.  W.  Reynolds, 
Fred  Morris  and  j.  M.  Brownlee,  Marshal  Pot- 
ter. Constable  vScott  and  Citizens  Senter, 
AA'iles,  l)Owman  and  Gould,  and  proceeded  to 
the  Hill  ranch.  The}'  arrived  at  night.  The 
building  \vas  surrounded  and  Sheriff  Adams, 
in  a  loud  Aoice.  commanded  the  three  men  to 
come  out  and  surrender.  But  the  men,  who 
were  memliers  of  the  Ingraham  gang,  had  re- 
solved to  sell  their  lives  dearly.  Rushing  out, 
they  commenced  firing  at  the  officers.  During 
the  fusillade  Jrihn  Creal,  one  of  the  robbers, 
received  three  bullet  wounds,  either  of  which 
would  have  caused  his  death.  He  was  brought 
to  vSan  Jose  and  died  an  hour  after  his  arrival. 
Ab.  Gillespie,  or  Glasby,  another  of  the  trio, 
had  the  handle  of  his  pistol  shot  awav,  his 
clothes  were  perforated  with  bullets,  but  no 
"wound  was  inflicted.  He  ^vas  soon  overpoAv- 
ered  and  handculTed.  John  Clendennin,  the 
third  robber,  after  firing  twice  point-blank  at 
Sheriff  Adams,  and  receiving  a  settler. in  re- 
turn, jumped  over  a  fence  and  fled  in  the  di- 
rection of  The  AVillows,  where  he  was  found 
about  midnight,  in  a  dving  condition,  bv  Un- 
der Sheriff  R.  B.  Hall  and  J.  R.  Lowe.  Jr..  of 
another  party  who  had  gone  in  search  of  the 
fugitive.  He  ^^'as  taken  to  the  county  jail  and 
died  the  next  day. 

C)ne  of  the  shots  from  Clendennin's  pistol, 
aimed  at  Sheriff  Adams'  heart,  struck  a  watch 
in  the  pocket  of  his  ^'est  and  then  glanced  into 
the  bod}',  inflicting  a  slight  wound.  Brownlee 
received  two  flesh  wounds  in  the  leg.  Creal 
fired  eight  shots  before  he  fell  and  was  at- 
tempting to  use  his  pistol  after  he  was  down, 
but  was  prevented  from  doing  so  by  Deputy 
Sheriff  Reynolds.  AMien  found  in  The  Wil- 
lows, Clendennin  had  two  revolvers  and  a  bag 
of  gold  dust  on  his  person.  It  was  believed 
that  the  object  of  the  three  men  in  stationing 
themselves  on  the  New  Almaden  road  was  to 
rob  the  stage  as  it  came  along  with  gold  to  pay 
the  miners  on  the  hill. 


134 


HISTORY   OF   SANTA   CLARA   COUNTY 


Amither  member  of  the  Confederate  band 
\\-as  Jolnn  Grant,  who.  having-  had  difficulty 
with  Captain  Ingraham.  determined  to  play  the 
role  of  a  lone  high\\'a3'man.  In  July  word 
came  that  he  was  in  San  Juan  and  would 
shortly  pay  a  visit  to  a  young-  woman  who 
lived  near  Forbes'  mill,  Los  Gatos.  Under 
Sheriff  Flail,  accompanied  by  Charles  Potter 
and  John  Ward,  went  to  Los  Gatos  and  located 
the  house  ^\-here  Grant  was  staying.  He  was 
in  bed  and  the  arrest  was  easily  accomplished. 
As  the  officers  and  their  prisoner  were  prepar- 
ing to  leave.  Grant,  though  handcuft'ed,  seized 
Hall's  ,gun  and  rushed  for  the  door,  Hall  after 
him.  Grant  tried  to  use  the  ,gun,  but  the  hand- 
cuffs were  in  the  way  and  he  was  seized  just 
as  he  reached  the  outer  door.  At  the  moment 
of  the  rearrest  someone  of  Hall's  party  fired 
both  barrels  of  a  shotg-un  at  Grant,  severely 
wounding-  him.  He  was  brought  to  San  Jose 
and  lodged  in  jail. 

It  was  during  war  times  that  the  Methodist 
Church  at  Berryessa  was  burned  to  the  ground. 
The  act  was  attributed  to  one  or  more  mem- 
bers of  the  Dick  Baker  gang  of  Confederates, 
whose  operations  in  aid  of  the  Southern  cause 
\vere  mainly  in  the  line  of  horse-stealing.  The 
gang  was  finally  scattered,  some  members  go- 
ing to  the  Southern  States,  others  to  Arizona 
and   JNIexico. 

When  the  news  of  the  assassination  of  Abra- 
ham Lincoln  reached  San  Jose  there  was  at 
first  a  stillness  as  if  the  population  had  been 
stricken  with  mental  paralysis.  Then  excite- 
ment grew  until  it  reached  fever  heat.  The 
residents  were  composed  of  two  elements,  the 
northerners  and  the  majority  of  the  western- 
ers who  upheld  the  cause  of  the  Union;  and 
the  southerners  and  southwesterners,  who 
sympathized  with  the  cause  of  the  Confeder- 
acy. Good,  honest,  substantial  men  on  each  ■ 
side,  but  divided  in  opinion  by  the  effect  of 
early  environment.  yVmong  the  Confederate 
sympathizers  were  many  of  vSan  Jose's  promi- 
nent men.  In  the  country  districts  the  same 
conditions  prevailed.  While  the  excitement 
over  the  death  of  Lincoln  was  at  its  height 
some  of  the  southerners  were  so  indiscreet  as 
to  publicly  express  their  joy  over  the  death  of 
a  man  who  had  been  pictured  to  them  as  a 
human  gorilla  and  a  negro  lover.  The  Union 
men  were  in  a  majority  and  whenever  an  anti- 


L'nion  sentiment  found  utterance  the  speaker 
was  (|uietly  ]daced  under  arrest.  Several  prom- 
inent citizens  were  conveyed  to  Alcatraz 
prison,  San  Francisco  Bay,  but  their  term  of 
imjirisonment  was  short,  for  after  partisan 
bitterness  had  been  partially  allayed  their  re- 
lease was  ordered  and  the}'  came  back  to  their 
farms  and  Inisiness. 

It  was  while  arrests  were  being  made  that  a 
tall  countryman  passed  the  Auzerais  Flouse 
shouting,  "FInrrah  for  Jeff."  He  was  promptly 
seized  by  indignant  FTnionists  and  would  have 
Ijeen  hustled  off  to  jail  if  he  had  not  made  vig- 
(irous  and  what  seemed  to  be  honest  protest. 
"Why,  I'm  no  relD,"  he  declared.  'T  didn't 
mean  Jeft"  Davis  when  I  hurrahed.  I  meant 
the  milkman — George  H.  Jefferson.  I  was 
having  a  bit  of  fun ;  had  been  taking  a  few 
drinks  and  wasn't  at  m3'self.  That's  true. 
boys,  as  true  as  preaching."  His  captors  looked 
at  the  smiling  face,  noted  the  alcoholic  condi- 
tion of  the  man,  and  concluded  to  give  him 
the  benefit  of  the  doubt. 

A  short  time  before  Lincoln's  death  a  num- 
ber of  San  Jose  young  men,  born  in  the  South 
and  filled  with  the  desire  to  do  something  for 
the  Confederate  cause,  met  in  secret  and  con- 
cocted a  scheme  to  ride  into  San  Jose  some 
morning  after  the  stores  had  opened  and  there 
were  few  people  about,  and  rob  safes  and  tills, 
hoping  by  this  daring  operation  to  secure 
enough  money  to  take  them  out  of  the  state 
and  into  Confederate  territory.  The  plot  had 
been  fully  arranged  and  all  was  ready  for  the 
raid  wdien  the  news  of  Lincoln's  assassination 
arrived.  In  the  excitement  over  the  event  the 
scheme  was  dropped.  The  story  of  it  was  told 
to  the  historian  years  afterwards  by  one  of 
the  plotters,  a  man  who  stood  high  in  the  esti- 
mation of  his  fellow-citizens.  He  seemed  to 
regard  the  affair  as  a  joke,  though  he  was 
glad  that  the  robbery  had  not  been  attempted. 
He  died  many  years  ago  and  not  one  of  his 
associates  is  now  in  the  land  of  the  living. 

Times  have  changed  since  the  days  of  the 
Civil  War.  Nowadays  veterans  of  the  South- 
ern Confederacy  meet,  shake  hands  and  ex- 
change reminiscences  with  the  veterans  of  the 
Grand  Army  of  the  Republic.  Not  only  that, 
but  their  sons  and  grandsons  bunk  and  fight 
together  as  Americans.    This  is  as  it  should  be. 


CHAPTER    XIT. 


The  Fruit  Industry  of  the  County— The  Largest  Prune  Producing  Section  in 
the  State — History  of  the  Development — Introduction  of  the  French 
Prune — The  First  Fruit  Cannery — The  Vineyards  and  Olive  Orchards — 
When  Artesian  Water  Was  First  Obtained — Farm  Loan  Board — Cali- 
fornia Prune  and  Apricot  Growers,  Inc. — Some  Interesting  Statistics. 


Santa  Clara  County  is  the  l.taiiner  fruit- 
producing-  count}'  of  the  state.  In  1919  there 
were  98,152  acres  planted  in  fruit  trees  and 
2,850  acres  in  vines.  The  total  acreage  of  ce- 
reals, vegetables  and  berries  was  86,695.  The 
live  stock  numbers  62,248;  value  $1,288,175.  It 
is  the  prune  center  of  America.  More  prunes 
are  grown  in  this  valley  than  are  produced  in 
the  whole  United  States  outside.  In  1919  the 
number  of  prune  trees  was  7,652,000.  Apricots 
came  next  with  665.000,  peaches  third  with 
482,000,  and  cherries  fourth  with  380,000  trees. 
In  1919  the  orchardists  of  the  county  received 
about  $49,000,000  from  the  products  of  their 
trees.  This  was  irrespective  of  the  money 
made  b}'  the  canners  and  packers.  The  grow- 
ers might  not  have  obtained  high  prices  had 
it  not  been  for  the  efforts  of  the  California 
Prune  and  Apricot  Growers,  Inc.,  an  organiza- 
tion perfected  three  years  ago  for  the  purpose 
of  creating  stable  prices  and  protecting  the 
orchardists  of  California.  In  1919  it  operated 
with  75  per  cent  of  the  prune  and  apricot  acre- 
age of  the  state.  In  Decerriber  of  that  year  a 
campaign  to  hold,  if  not  increase,  its  strength 
resulted  in  the  securing  of  about  80  per  cent 
of  the  acreage.  The  association  occupies  a 
large,  handsome  and  commodious  building  on 
the  southeast  corner  of  IMarket  and  San  An- 
tonio Streets,  employs  a  large  force  of  men 
and  women  and  does  business  every  month 
in  the  year.  The  officers  are :  T.  S.  Mont- 
gomery, president ;  W.  A.  Yerxa,  vice-presi- 
dent;  H.  G.  Coykendall,  general  manager;  H. 
C.  Dunlap,  secretary  and  treasurer,  and  J.  T. 
Brooks,  manager  of  Growers'  Information  Bu- 
reau. T.  S.  Montgomer3^  H.  G.  Coykendall, 
W.  G.  Alexander,  H.  C.  Dunlap  and  A.  Kam- 
merer  form  the  executive  committee.  The  di- 
rectors are  AV.  A.  Yerxa,  Princeton ;  H.  C. 
Dunlap,  Yountville ;  Mark  L.  McDonald, 
Santa  Rosa;  G.  C.  Alexander,  Healdsburg;  T. 
S.  Montgomery,  San  Jose ;  H.  G.  Coykendall, 
Cupertino;  J.  O.  Hayes,  San  Jose;  A.  Kam- 
merer,  San  Jose;  Nathan  Lester,  Santa  Clara; 
L.  E.  Mills,  Santa  Paula;  C.  G.  Hamilton, 
Hemet,  and  W.  J.  Fulgham,  Visalia.  In  1921 
a  campaign  resulted  in  giving  the  association 
control  of  over  80  per  cent  of  the  state  acre- 


age lor  the  next  se\en  years.  All  the  officers 
were  reelected. 

As  Santa  Clara  County  is  the  largest  fruit 
district  in  California,  it  follows  as  a  matter  of 
Course  that  it  is  the  largest  canning  and  pack- 
ing district  in  the  state.  There  are  (1922) 
thirty  packing  houses  owned  and  oper- 
ated by  the  California  Prune  and  Apricot 
Growers,  Inc.,  nine  affiliated  with  that  organ- 
ization and  eighteen  independent  packers, 
most  of  them  operating  in  San  Jose.  There 
are  forty  canning  factories  in  the  county. 
One  of  these,  the  Co-operative  plant,  is  the 
largest  in  the  world.  In  1921  it  absorbed 
30,000  tons  of  fruit  and  employed  nearly  1,000 
people.  In  the  busy  season  of  that  year  the 
combined  county  payroll  reached  over  two 
million  dollars.  A  number  of  new  canneries 
and  factories  will  be  built  this  year,  for  the 
business  is  increasing  by  leaps  and  bounds. 
There  are  se\-eral  dehydrating  plants  in  the 
county  to  take  care  of  grapes,  strawberries, 
prunes  and  other  fruits  and  berries. 

Practically  all  varieties  of  fruits  and  vege- 
tables except  the  tropical  ones  can  be  grown 
successfully  in  Santa  Clara  County.  The  prox- 
imity of  the  center  of  population  and  the  ex- 
cellent transportation  facilities  have  been  great 
aids  in  the  development  of  the  valley. 

The  history  of  the  fruit  industry  in  the 
county  is  an  interesting  one.  The  adaptability 
of  the  climate  and  soil  for  horticultural  pur- 
poses became  apparent  long  before  the  first 
Americans  visited  the  valley.  The  Fathers 
who  planted  the  Missions,  planted  orchards 
at  the  same  time,  and  found  a  full  return  for 
all  their  labor.  The  fertilit}^  of  the  soil  was 
supplemented  by  a  peculiarity  of  climate  that 
enabled  trees  to  grow  many  more  weeks  in  the 
year  than  in  other  countries,  while  during  the 
season  of  rest  there  was  no  freezing  weather 
to  chill  their  sap  or  delay  their  progress  in  the 
spring.  The  result  was  that  a  very  few  seasons 
brought  orchards  to  a  condition  of  fruitfulness. 
All  this  was  demonstrated  by  the  experience  of 
the  Fathers  at  the  Missions,  but  even  with  this 
experience  before  them,  the  early  horticultur- 
ists of  the  valley  were  astonished  by  the  re- 
sults of  their  work. 


136 


HISTORY   OF   SANTA   CLARA   COUNTY 


The  Missicm  orchard  at  Santa  Clara  was  the 
only   source   of  fruit  suppl)^  to   the  valley  for 
many   years.      It  furnished   stock   for   the   few 
orchards  that  were  planted  in  the  early  years 
of  the  American  occupation.     These  plantings 
^\'ere   few   at   first,   owino-   to   the   gold   excite- 
ment, but  when  people  began  to  return  from 
the  mines  the  plantings  became  more  numer- 
ous.   The  scarcity  of  fruit  and  consequent  high 
jirices   gave   a   great   stimulus   to   horticulture. 
Apples  imported  from   San  Francisco  sold  for 
a  dollar  apiece,  and  other  fruits  in  proportion. 
The  first  orchards  planted  after  the  Ameri- 
can  occupatit)n,   with    tlie   exception   of  a   few 
private   trees,   were   b}'   E.   W.    Case,   William 
Daniels    and    Joseph    Aram.      Case's    orchard 
was  about  350  trees  and  was  on  propertj^  front- 
ing on  the  Alviso  road.     Aram's  orchard  was 
of  twenty   acres   and   was   situated   where   the 
Woolen  Mills  were  afterwards  built.    Daniels' 
orchard   was   about  one   acre   and   was   in   the 
northern   part   of   town,    on   a   tract   lying  be- 
tween Julian  and  St.  James,  Market  and  First 
streets.      Part   of   the    trees   planted   by    these 
San  Joseans  were  furnished  by  a  man  named 
Ganz  and  were  brought  from  Ohio.    This  was 
in  1852.   In  the  succeeding  year  Case  and  Aram 
imported    more     trees     from     tlie     nurserv    of 
Charles  Hovey.  Cambridge,  ^Massachusetts. 

One  of  the  popular  fall  eating  apples  of  Cen- 
tral California  is  the  Skinner  seedling.  It  is 
a  San  Jose  production  and  originated  from 
seeds  brought  across  the  plains  by  the  late 
Judge  Henry  C.  Skinner.  He  was  one  of  the 
pioneer  orchardists  of  the  city  and  one  of  the 
promoters  of  the  Santa  Clara  Countv  Agricul- 
tural Society.  He  arrived  in  San  Jose  in  1850 
and  purchased  the  family  residence  of  Harry 
l^jee  at  the  northwest  corner  of  lulian  and 
Nineteenth  (then  Fifteenth)  streets.  The 
grounds  were  spacious,  extending  to  Coyote 
Creek,  and  were  enlarged  bv  the  purcliase  of 
!Tlan^•  acres  in  what  is  now  Fast  San   Jose. 

In  the  spring  of  1852  Cfjmmodore  Stockton, 
who  then  owned  tlie  Potreru  de  Santa  Clara 
rancho,  which  lies  between  San  Jose  and 
Santa  Clara,  imported  from  Hovey's  Massa- 
chusetts nurserv  a  large  numlier  of  trees  for 
the  purpose  of  starting  a  nurser}-.  AMtli  tliese 
trees  came  a  professional  botanist  named  vSliel- 
drm,  with  P.  S.  Fox  and  Thomas  Fgan  as  as- 
sistants. Sheldon  died  on  tlic  Isthmus  and 
Fox  took  charge  of  tlie  enter])rise,  Fgan  as- 
sisting. "VA'ith  the  part}'  came  also  I.  F.  Ken- 
nedy as  salesman  and  cfjmmercial  agent.  The 
nursery  was  estal)lished  in  April,  1853,  and  for 
some  time  "was  tine  depot  for  nurserv  su])plies 
for  tJTe  \'alley.  The  trees  ciinsisted  of  apples, 
Ijeaches,  pears,  plums,  nectarines  and  apricots. 
A\'ith  this  importation  came  also  the  first 
straAvberries  grown  in  the  county. 


In  1854-55  a  Frenchman  named  Lavalle  im- 
ported fruit  trees  and  planted  them  in  both 
nursery  and  orchard  form  on  the  property  ly- 
ing north  and  west  of  Julian  Street  and  owned 
by  Peter  O.  Minor.  He  planted  two  acres  and 
afterwards  removed-  the  trees  to  the  west  side 
of  the  Coyote  on  the  pro]3erty  of  the  late  Ed- 
ward McLaughlin.  In  1855-56  he  had  a  very 
large  collection  of  trees  in  his  nursery,  which 
he  afterwards  sold  to  H.  H.  Winchell,  China 
Smith  and  W'illiam  Smith,  and  they  continued 
the  nursery  business  for  some  years  thereafter. 
L.  A.  Gould  and  P.  F.  Walkins  planted  three 
orchards  and  nurseries  at  Santa  Clara  at  about 
the  same  time.  J.  .A..  Ballou,  who  was  at  that 
time  employed  in  the  Case  orchard,  and  who 
at  ninety-fiA^e  years  of  age  is  still  living,  says 
that  from  the  300  trees  planted  then,  about 
800  pounds,  mostly  apples,  were  produced. 

During  1856  the  State  Horticultural  Society 
held  a  fair  in  San  Jose,  and  from  the  exhibi- 
tion the  reputation  of  Santa  Clara  County 
fruit  spread  and  people  came  hundreds  of 
miles  to  see  it. 

In  1853  a  Horticultural  Society  was  formed 
in  San  Jose.  The  meeting  for  the  organization 
was  held  on  the  grounds  of  Louis  Prevost  un- 
der a  giant  live  oak  tree.  There  were  present 
AVilliam  Daniels,  Louis  Prevost,  Louis  Pellier, 
I.  R.  Rontemps,  B.  S.  Fox  and  E.  W.  Case. 
Nearly  all  the  old-time  fruit  growers  became 
members.  The  names  of  Joseph  Aram,  R.  G. 
Moodv,  Davis  Divine,  L.  A.  Gould  and  John 
Llewelling  appear  in  the  list.  This  pioneer 
society  afterwards  united  with  the  Agricul- 
tural Societv.  Roth  societies  ceased  to  exist 
manv  years  ago. 

In  1856  nearly  all  of  these  early  orchards 
had  commenced  to  bear,  and  the  quality  of  the 
fruit  and  the  promise  of  extraordinary  produc- 
tion gave  these  pioneer  orchardists  an  idea  of 
the  remarkable  resources  of  climate  and  soil. 
This  }-ear  stands  out  prominently  as  the  date 
of  the  introduction  of  the  French  prune  to  this 
county,  and  in  fact,  to  this  coast.  The  fruit 
has  become  a  standard  and  will  always  remain 
a  favorite  with  orchardists.  The  history  of  its 
first  importation  is  as  follows:  Louis  Pellier, 
a  A-ine  and  fruit  grower  of  France,  had  come  to 
California  in  the  winter  of  1848-49.  After  try- 
ing his  fortune  in  the  mities  he  journeved  to 
vSan  lose  in  1850  and  purchased  a  tract  of  land 
fronting  on  the  west  side  of  San  Pedro  near 
St.  lames  Street.  The  tract  was  for  years 
known  as  Pellier's  Gardens.  Here  he  planted 
a  nurserv  and  orchard  and  cultivated  ilowers 
and  plants.  His  brother,  Pierre,  had  come  out 
a  year  before  and  was  assisting  him  at  his 
work.  When  Pierre  arri\ed  he  brought  with 
him  the  cuttings  of  some  of  the  finest  varieties 
of  grapes,  among  them   the    Black   Burgundy, 


HISTORY   iW   SANTA   CUARA    CoUN'I'Y 


137 


Chasselas  Fontainebleau  and  Matleleinc.  In 
1854  Louis  Pellier  sent  Pierre  back  to  France 
with  instructions  to  go  through  l'iurgun(,ly  and 
other  parts  of  the  country  and  secure  the  l)est 
varieties  of  fruit  grown  in  each  section.  Pierre 
was  assisted  liy  his  brother  John,  and  two 
years  were  spent  in  gathering  stock,  ^\'ilen 
they  returned  tt)  San  Jose  they  had  cuttings 
of  the  Petit  prune,  Gros  prune  and  many  va- 
rieties of  cherries,  pears  and  pkmis.  The  i'etit 
prune  at  first  \^■as  not  very  popuhar,  Ijut  it  \vas 
finally  brought  to  the  attention  of  John  Rock, 
who  recognized  its  value  and  soon  popular- 
ized it. 

B.  S.  Fox  in  1853  esta1)lished  a  nurser\'  oi 
his  own  on  Milpitas  road.  He  had  with  him 
Thomas  Egan  and  the  acreage  was  soon  in- 
creased to  200  acres.  Fox  was  not  only  a  pio- 
neer fruit  gro\\er,  Init  a  man  of  great  scientific 
knowledge.  A  large  orchard  was  developed 
from  the  nursery  and  to  his  enthusiasm  Santa 
Clara  County  owes  much  of  its  early  horticul- 
tural development.  He  died  in  1881  and  his 
landed  property  was  left  to  his  nephew,  R.  D. 
Fox,  \\ho  conducted  the  nursery  successfulh' 
for  many  years  and  then  became  connected 
with  the  California  Nursery  at  Niles. 

In  1854  came  James  R.  Lowe.  He  was  an 
Englishman  by  hhth  and  a  professional  botan- 
ist. He  had  been  engaged  in  some  of  the  most 
prominent  landscape  garden  operations  of  the 
English  nobility  and  had  come  to  the  United 
States  to  superintend  some  work  for  New  Eng- 
land nurserymen.  He  came  to  California  at 
the  request  of  Major  S.  J.  Hensley,  of  San 
Jose.  He  laid  out  the  famous  Hensley  grounds 
on  North  First  Street,  which  up  to  the  time 
they  were  subdivided  into  lots  contained  more 
rare  plants  than  any  similar  area  in  the  state. 
Mr.  Lowe  ■>vas  in  constant  communication  with 
the  superintendent  of  the  Duke  of  Devonshire's 
gardens,  and  hardly  a  mail  was  received  at  the 
San  Jose  postoffice  that  did  not  contain  some 
rare  plant,  bulb  or  cuttings  from  the  Duke's 
gardens. 

J.  O.  A.  Ballon  went  into  the  fruit  business 
on  his  own  account  in  1856.  At  that  time  he 
purchased  the  place  on  the  Milpitas,  after- 
\vards  occupied  liv  him  as  a  homestead,  and  in 
February,  1857,  he  planted  about  500  trees, 
principally  apples  and  pears.  In  1858  he  added 
1500  more  trees.  In  1861,  he  procured  from 
Louis  Pellier  grafts  for  fifty  French  prune 
trees.  From  these  grafts  he  had  his  first  crop 
of  prunes  in  1867.  In  1868  he  dried  eleven 
tons  of  fruit  for  tfie  Eastern  market. 

The  plantings  in  the  celebrated  Willo^^■  Glen 
•district  were  commenced  as  early  as  1868, 
when  W.  C.  Geiger  set  out  a  portion  of  his 
cherry  orchard  on  wdiat  is  now  Willow  Street. 
In  1862  C.  T.  Settle  planted  an  orchard  of  ap- 


]>Ies  and  |)ears  on  what  is  now  tlie  northeast 
C(irner  of  Lincoln  and  Minnesota  avenues.  At 
that  time  this  district  was  covered  Ijy  a  dense 
growth  of  willows  anrl  the  hiwer  portion  was 
subject  to  oxerfiow  by  the  Guadalupe  River. 
The  onl_\-  road  was  I'd  Aljra,  since  called  Lin- 
coln .\venue,  and  the  main  central  j^ortion  of 
the  district  was  owned  by  Settle,  Cottle  and 
Zarilla  Valencia.  Settle  was  soon  followed  by 
Royal  and  Ira  Cottle,  wdio  also  planted  apples 
and  pears.  Soon  afterwards  Miles  Hills  and 
a  Mr.  Sampson  purchased  the  Valencia  tract 
and  subdivided  it  into  ten-acre  lots.  The  first 
experiment  was  with  strawdoerries.  The  ven- 
ture was  so  profitable  that  it  created  great  ex- 
citement and  soon  everybody  in  The  Willows 
^\'as  planting  strawberries.  The  industry  flour- 
ished for  some  years  and  then  came  into  com- 
petition ^^■ith  the  strawberr}-  growers  on  the 
lowlands  near  the  Iiay.  Here  the  artesian  wells 
gave  a  great  flow  and  The  AVillows  people 
could  not  pump  water  and  successfully  com- 
pete with  their  lowland  neighbors.  They  con- 
^■erted  their  berry  i)atches  into  orchards. 

C)ne  of  the  earliest  orchards  of  the  county 
was  that  of  D.  C.  Vestal,  on  Twelfth  Street 
near  the  Berryessa  road.  It  was  started  in 
1854  and  was  devoted  mainly  to  apples  and 
pears.  It  was  on  Vestal's  place  that  the  Moor- 
park  apricot  was  first  propagated  for  market. 
George  Hobson,  who  had  an  orchard  and  nur- 
sery on  the  tracts  afterwards  occupied  by  L. 
F.  Sanderson  and  now  known  as  Luna  Park, 
had  two  of  these  trees,  but  held  them  in  little 
estimation  on  account  of  their  irregularity  in 
ripening.  From  these  trees  Vestal  procured 
buds. and  worked  them  into  a  few  trees  on  his 
place,  \^^^en  the  fruit  appeared  he  was  so 
greatly  pleased  with  its  size  and  flavor  that, 
in  1869,  he  planted  three  acres.  His  experi- 
ments attracted  attention  and  the  Moorpark 
came  into  universal  favor.  The  Vestal  tract  is 
no  longer  an  orchard.  A  few  3-ears  ago  it  ^^'as 
subdivided  into  building  lots  and  but  few  of 
the  old  trees  remain. 

As  there  were  varieties  of  fruit  which  could 
not  wholly  be  taken  care  of  by  the  canners,  a 
company  \\'as  formed  in  July,  1874,  to  meet 
the  situation.  It  was  called  the  "Alden  Fruit 
and  Vegetable  Preserving  Company,"  and  the 
projectors  were  W.  H.  Leenian,  F.  C.  Lee- 
man,  C.  T.  Settle,  Ira  Cottle,  Roval  Cottle, 
Oliver  Cottle,  S.  Newhall,  W.  AV.  Cozzens,  R. 
C.  Swan,  K.  D.  Berre,  A.  D.  Colton,  Miles 
Hills,  J.  M.  Battee,  T.  B.  Keeshng,  M.  Hale 
and  Pedro  de  Saisset.  They  purchased  an 
Alden  evaporator  and  placed  it  at  the  corner 
of  the  San  Salvator  Street  extension  and  Jo- 
sefa  Street.  During  the  few  years  of  its  ex- 
istence the  company  turned  out  some  good 
fruit,  but  the  machinery  was  not  adapted  for 


138 


HISTORY  OF   SANTA   CLARA   COUNTY 


the  work,  so  the  company  conchided  to  retire 
from  business,    W.  W.  Cozzens  and  G.  A.  and 

C,  F.  Fleming  afterwards  tried  evaporating, 
witli  marked  success.  The  business  was  dis- 
continued about  twenty  years  ago. 

At  tliis  time  The  Willows  was  the  principal 
orchard  section  of  the  county.  The  older 
orchards  of  Ballon,  Tarleton,  Aram,  Vestal 
and  others  were  north  of  San  Jose  and  David 
Hobson  liad  an  orchard  near  Berryessa.  The 
orchards  of  Gould  and  Walkins  were  at  Santa 
Clara  and  there  were  others  in  other  places, 
but  The  Willows  section  was  nearly  all  planted 
to  fruit  and  it  came  to  be  believed  by  many 
that  this  was  the  onl}-  section  in  the  county 
where  the  fruit  industry  could  be  successfully 
conducted.  There  is  a  record  of  one  man  who 
owned  a  fine  place  in  Berryessa,  who  bought 
a  tract  of  ground  in  The  Willows  in  order  to 
have  an  orchard.  That  same  Berryessa  farm 
is  now  one  of  the  most  promising  orchard 
places  in  the  valley. 

In  1856  Lyman  Burrell  planted  fruit  trees 
and  vines  in  the  mountains  above  Los  Gatos. 
This  was  the  first  planting  in  the  mountains. 
In  1873  an  almond  orchard,  now  absorbed  by 
the  town  of  Los  Gatos,  was  planted,  and  in 
1874  J.  F.  Kenned}',  in  the  hills  east  of  Los 
Gatos,  planted  a  small  orchard.      In   1876  W. 

D.  Pollard  planted  twenty  acres  two  miles 
north  of  Saratoga  and  the  next  year  the  once 
famous  O'Banion  &  Kent  orchard  was  started. 
William  Rice  planted  an  orchard  in  the  same 
neighborhood.  These  men  were  looked  upon 
as  fools.  It  was  at  first  predicted  that  tlie 
trees  would  not  grow  in  such  dry,  thin  soil. 
When  the  trees  did  grow  it  was  prophesied 
that  they  would  never  have  Adgor  enough  to 
bear  a  paying  crop.  At  six  years  old  they 
yielded  about  $500  per  acre  (a  large  amount 
of  money  for  those  times),  and  then  came  the 
predictifin  that  they  would  die  out  in  a  iew 
3'ears.  But  as  time  passed  and  the  trees  did 
not  die,  the  scofl^ers  accepted  the  facts  and  l)e- 
gan  to  plant  for  themselves. 

The  orchard  interests  of  Berryessa  are  not 
of  an  early  date.  Following  David  Hobson, 
with  his  small  orchard,  came  J.  H.  Flickinger 
and  the  real  development  of  one  of  the  richest 
fruit  sections  of  the  state  really  began.  The 
story  of  the  Berryessa  development  will  be 
told  in  the  chapter  relating  to  the  prosperous 
towns  of  the  county. 

In  1856  vSylvester  Ne\\hall  built  a  nursery 
and  planted  an  orchard  in  The  Willows.  In 
1863  John  Rock  established  a  small  mu'sery 
on  land  near  Alviso.  He  soon  moved  to  the 
Boots  place  and  in  1865  purchased  forty-eight 
acres  on  the  Milpitas  road  near  San  Jose  and 
planted  a  nursery  of.  fruit  and  ornamental 
trees.     In  1879  this  place  liecame  too  small  for 


his  operations,  so  he  piu'chased  138  acres.  The 
rapid  strides  of  the  California  fruit  interests 
made  such  demands  on  the  Santa  Clara  County 
nurseries  that  in  1884,  Rock,  with  R.  D.  Fox 
and  several  other  nurserymen,  organized  the 
California  Nursery  Company  and  purchased 
463  acres  near  Niles,  which  were  planted  in 
trees  and  garden  stock.  The  nursery,  en- 
larged and  l)eautified,  is  still  running,  though 
John  Rock  has  been  dead  for  many  years. 

The  San  Tomas  orchard,  a  mile  southeast  of 
Saratoga,  was  planted  b)r  T.  W.  Mitchell  in 
the  early  '80s.  In  1880  G.  A.  Gardner  pur- 
chased the  tract  on  the  Los  Gatos  road  on  the 
northeast  corner  of  what  was  afterwards  called 
"Orchard  Homes."  Newhall's  forty-acre 
prune  orchard  was  planted  in  1883,  and  about 
this  time  fruit  tree  planting  was  carried  around 
Campbell's  Station  and  along  the  Infirmary 
and  Grewell  roads.  The  Bradley  prune  orch- 
ard was  planted  in  1875.  The  large  plantings 
north  and  west  of  Santa  Clara,  together  with 
those  of  the  Doyle,  Cupertino  and  other  dis- 
tricts, date  from  1880.  Following  came  plant- 
ings in  and  about  Evergreen  and  along  the 
Monterey  road. 

There  are  but  few  orchards  in  the  immedi- 
ate vicinity  of  Milpitas,  but  the  hillsides  to  the 
east  have  been  utilized  by  Portuguese  garden- 
ers for  the  planting  of  potatoes,  peas,  beans 
and  other  vegetables  for  the  midwinter  market. 

It  would  hardly  he  possible  to  give  the 
names  of  the  owners  and  dates  of  planting  of 
all  the  orchards  in  the  county.  Among  the 
biographical  sketches  in  this  book  will  be 
found  the  experiences  of  very  many  of  the 
county's  leading  fruit  growers,  and  these 
sketches  are  intended  to  fill  up  the  details  of 
this   general   history. 

To  wander  among  the  great  orchards  in 
summer,  when  e^■ery  tree  is  bending  beneath 
its  weight  of  fruit — purple  prunes,  golden  ap- 
ricots and  yellow  peaches  tinted  with  the 
crimson  hues  of  wine — is  to  walk  in  a  terres- 
trial paradise  like  Adam  before  the  Fall.  Eves 
there  are  in  plenty,  bright-eyed,  ruddy-cheeked 
daughters  of  California,  who  will  tempt  you 
to  eat  your  fill  of  the  refreshing  fruit,  which 
you  may  do  without  fear,  within  reasonable 
limits. 

As  the  orchards  of  the  valley  increased  in 
number  and  l)earing  capacity,  the  fruit  grow- 
ers began  to  fear  that  perhaps  the  crops  would 
l^e  wasted  for  the  reason  that  no  one  had  yet 
attempted  to  preserve  thenj  for  market.  But 
the  danger  was  averted  liy  the  enterprise  of 
Dr.  James  M.  Dawson,  the  pioneer  fruit  can- 
ner  and  packer  of  the  valley.  He  put  up  th6 
first  canned  fruit  for  market  in  1871.  From 
observation  of  the  superior  quality  of  fruit 
grown  in  the  valley,  he  foresaw  the  marvelous 


HISTORY   OF   SANTA   OT.ARA   COUNTY 


139 


possibilities  of  tlie  cliniatc  and  soil  for  fruit 
production  as  a  factor  of  commerce  on  the 
Pacific  Ci>ast,  and  he  also  realizetl  that  for  the 
fruit  inclustry  to  attain  any  importance  it  was 
a  prime  necessity  that  means  should  be  pro- 
\'ided  to  prepare  and  preserve  the  fruits  in  the 
immediate  \icinity  of  the  orchards.  ActiuL'; 
upon  these  convictions  and  stimulated  by  the 
•wise  counsel  and  hearty  co-operation  of  his 
wife,  he  resohed  to  start  a  fruit  cannery  in 
this  valley,  .Vn  ordinary  cooking  range  was 
purchased  and  placed  in  a  12x16  shed  kitchen 
in  the  rear  of  their  residence  on  the  Alameda; 
and  on  this  the  fruits  were  all  heated  before 
being  placed  in  the  cans.  The  fruits  were  ob- 
tained from  orchards  in  the  neighborhood  and 
the  season's  output,  consisted  of  350  cans 
The  next  year  the  base  of  operations  was 
changed  to  San  Jose,  the  cannery  being  lo- 
cated in  an  orchard  at  the  corner  of  Si-x- 
teenth  (now  Twenty-first)  and  Julian  streets. 
AA',  N.  Stevens,  a  brother-in-law,  was  taken  in 
as  partner.  The  pack  that  season  was  double 
that  of  the  first. 

In  1872  Lendrum  &  Company,  grocers, 
joined  the  firm  and  a  large  building  was  erect- 
ed on  the  corner  of  Fifth  and  Julian  streets, 
in  which  the  pack  of  that  season — nearly  800 
cans — was  made,  A  year  or  two  later  the 
business  was  incorporated  under  the  title  of 
the  vSan  Jose  Fruit  Packing  Company,  Dr. 
Dawson  being  made  president.  The  plant  \vas 
enlarged  and  the  pack  increased  to  25,000  cans 
a  year.  The  business  continued  until  1878 
when  Dr,  Dawson  disposed  of  his  interest  and 
retired. 

In  1879  Dr.  Dawson  returned  to  his  place 
on  the  Alameda  and  resumed  the  business  in 
a  moderate  way  in  a  building  erected  in  the 
rear  of  his  residence.  The  following  year  he 
took  in  his  son,  E.  L.  Dawson,  as  an  equal 
partner,  the  firm  title  being,  "The  J.  M.  Daw- 
son Packing  Company."  The  plant  was  en- 
larged from  year  to  year.  In  1883  Dr,  Dawson 
retired.  He'died  in'  1885  and  his  son  contin- 
ued the  business. 

Another  pioneer  packing  company,  the 
Golden  Gate,  was  incorporated  in  1877.  Since 
then  it  has  grown  to  be  one  of  the  largest 
fruit  packing  establishments  on  the  Pacific 
Coast.  The  plant  is  on  Third  and  Fourth 
streets,  between  Julian  Street  and  Hensley 
Avenue.  In  1881  the  entire  works  were  de- 
stroyed by  fire.  New  and  larger  buildings  im- 
mediately succeeded  the  old  ones  and  the  best 
and  most  approved  machinery  was  secured. 
Geo.  M.  Bowman  w^as  superintendent  and 
manager  for  over  twenty  years  and  at  his 
death  the  management  was  assumed  by  Elmer 
E.  Chase,  whose  rare  business  ability  was 
exhibited  in  many  improvements  and  a  large- 
ly increased  output.   In  1917  the  packing  house 


passed  into  the  hands  of  the  Hunt  Bros.,  who 
own  packing  houses  in  several  sections  of 
Central  California,  Mr.  Chase  joining  forces 
with  the  Richmond  Company. 

The  Los  Gatos  Fruit  Packing  Cf)mpany  was 
organized  in  1882,  with  fourteen  stockholders 
and  the  following  officers :  Samuel  Temple- 
ton,  president ;  James  E.  Gordon,  secretary ; 
J.  \V.  Eyndon,  treasurer;  Robert  Walker  and 
Michael  Miller,  directors.  The  institution 
commenced  work  in  a  building  60x80  feet, 
\vith  machinery  capable  of  handling  5000  cases 
in  a  season.  The  plant  was  steadily  increased, 
new  buildings  were  erected  and  every  means 
taken  to  meet  the  demands  of  the  trade.  But 
dull  times  came,  the  company  became  insol- 
vent and  in  1888  went  out  of  business. 

During  the  eighties  the  fruit  industry  in- 
creased by  leaps  and  bounds,  vineyards,  pas- 
ture and  grain  lands  were  converted  into  fruit 
orchards  until  the  county  became  one  vast 
orchard — the  largest  fruit  producing  section 
in  the  world.  In  1886  the  consumers  of  fruit 
in  the  East  became  convinced  that  the  prunes 
grown  in  Santa  Clara  County  were  superior 
in  quality  to  those  grown  in  France.  This  su- 
periority is  due  to  two  causes  :  First,  because 
the  peculiar  soil  and  climate  of  the  county 
induces  a  thriftier  growth,  a  more  perfect  ripen- 
ing of  the  fruit  and  complete  development  of 
the  sugar;  second,  because  of  the  method  of 
curing  practiced  here.  In  France  the  process 
through  which  the  prunes  are  carried  results 
in  cooking  the  fruit  to  a  greater  or  less  ex- 
tent. This  renders  it  soft  and  pleasant  to 
eat,  but  when  made  into  sauce  it  loses  much 
of  its  flavor.  In  the  California  process  where 
the  fruit  is  cured  by  exposure  to  the  sun,  no 
cooking  results  and  the  fruit  retains  its  full 
flavor. 

The  present  main  strawberry  section  of  the 
county  lies  north  of  San  Jose  and  Santa  Clara, 
toward  Milpitas  and  Alviso,  The  first  per- 
son to  go  into  business  in  this  district  was 
Mr,  Cary  Peebles,  who  planted  a  few  acres  in 
1868  on  the  place  afterward  owned  by  Mr. 
Agnew  at  Agnew's  Station.  His  success  in- 
duced other  plantings  and  in  a  short  time 
the  whole  belt  of  country  where  flowing  ar- 
tesian water  was  available  was  engaged  in 
this  industry.  In  late  years  strawberry  cul- 
ture has  been  undertaken  north  of  Berryessa 
in  other  sections  of  the  valley.  Large  tracts 
of  land  have  been  leased  by  Japanese  and 
Chinese  and  now  (1922)  the  Orientals  con- 
trol the  bulk  of  the  valley's  berry  output. 

The  following  showes  the  annual  orchard 
production  of  Santa  Clara  County:  Apples, 
10,000  tons;  apricots,  25,000  tons;  cherries, 
10,000  tons;  grapes,  40,000  tons;  peaches,  25,- 
000  tons;  pears,  18,000  tons;  prunes,  60,000 
tons  ;  plums,  37,700  tons  ;  almonds,   200  tons  ; 


140 


HISTORY  OF  SANTA   CLARA   COUNTY 


walnuts,  300  tons;  berries  (strawberries, 
l)lackberries  and  loganberries),  65,000  chests, 
(_)live  industr^'  fairh'  large,  ijroducing  both 
ripe  pickled  olives  and  olive  oil. 

Soil  productions — Sugar  beets  (for  refiner- 
ies). 150,000  tons:  beans  (canning),  500  tons; 
peas  (canning),  150  tons;  spinach  (canning), 
1,000  tons;  tomatoes  (canning),  60.000  tons; 
potatoes  (fall),  1,000  tons;  potatoes  (early), 
1,500  tons;  other  vegetables  (cabbage,  cauli- 
flower, celerjr,  artichokes,  lettuce,  squash, 
corn,  onions,  etc.),  2,500  tons. 

Annual  exportations,  domestic  and  for- 
eign— Canned  fruits,  berries  and  vegetaljles, 
100,000  tons;  dried  fruits,  65,000  tons;  green 
fruits,  12,000  tons;  garden  seeds,  1,000  tons; 
miscellaneous  soil  products,  2,000  tons. 

Forty  per  cent  of  the  prunes  are  sold  in 
foreign  markets  and  60  per  cent  in  domestic 
Tnarkets  ;  20  per  cent  of  the  canned  fruits  find 
foreign  markets  and  SO  per  cent  domestic 
markets.  The  forty  canneries  in  San  Jose  and 
Santa  Clara  County  put  out  approximately 
one-third  of  the  entire  canned  output  of  Cali- 
fornia. 

The  total  acreage  of  orchards  of  various 
kinds  of  fruits  in  Santa  Clara  County,  in 
round  numbers,  is  as  follows:  Apples,  1,200 
acres ;  apricots,  7,000  acres ;  cherries,  4,000 
acres  ;  figs,  40  acres  ;  olives,  250  acres  ;  peaches, 
5,000  acres;  plums,  11,500  acres;  prunes,  80,- 
000  acres,  dried ;  pears,  3,500  acres ;  lemons, 
200  acres  ;  limes,  10  acres  ;  oranges,  40  acres ; 
pomelos,  10  acres :  grapes,  10,000  acres ;  al- 
monds, 400  acres;  walnuts,  1,000  acres;  total, 
124,150  acres. 

There  are  2,850  acres  of  vineyards  in  Santa 
Clara  County.  The  acreage  has  been  larger, 
but  the  rapid  growth  of  the  fruit  industry 
induced  man}^  vineyardists  to  uproot  their 
vines  and  plant  fruit  trees.  When  the  Pro- 
hibition law  went  into  effect  in  1919  the  vine 
growers  of  the  state  predicted  disaster  to  their 
lousiness,  but  tlie  result  has  shown  that  they 
were  mistaken.  In  1919  the  growers  of  Santa 
Clara  County  made  more  money  tlian  was 
made  by  them  in  any  year  while  there  was 
lawful  sale  for  their  grapes  and  wines,  the 
demand  coming  from  the  East  and  Europe. 
Now  wine  grapes  are  dried  by  dehydration, 
several  plants  being  in  operation  Of  course 
Prohilaition  did  not  affect  the  sale  of  ta1)le 
grapes.  These  are  grown  in  the  foothills 
mostly  and  are  of  superior  cjuality  and  size. 

Befcjre  the  American  occupation  vines  were 
planted  here  and  tliere  through  the  valley 
from  cuttings  procured  from  the  mission,  but 
these  plantings  could  hardly  l)e  called  vine- 
yards. The  first  planting  of  any  magnitude 
was  made  by  Charles  Lefranc  at  the  New 
Almaden  vineyard  in  1852.  In  1857  he  mar- 
ried   Miss  Adele   Thee,   whose   father   Etienne 


Thee,  owned  a  half  interest  in  a  tract  of  land 
where  the  New  Almaden  vineyard  was  after- 
wards located.  Mr.  Lefranc  purchased  the 
other  half  in  1851  and  afterward  came  into 
ownership    of   the   whole   tract. 

Thee  had  planted  a  few  mission  vines  on 
the  place  liefore  Lefranc  took  charge.  The 
area  was  then  increased,  finer  varieties  be- 
ing added.  The  early  importations  were  in 
1854  and  were  made  through  the  house  of 
Henry  Schroeder,  wdiose  agent  in  France  act- 
ed for  Lefranc  in  securing  cuttings.  The 
first  installment  arrived  and  each  succeeding 
season  saw  additions  to  the  varieties.  The 
Verdal  w^as  introduced  into  this  country  by 
]\Irs.  Lefranc  in  1859.  She  l^rought  the  cut- 
tings on  horseback  from  the  Canada  Raymude 
ranch  and  they  were  presented  to  her  by  a 
Spanish  nobleman  who  ;  had  broug'ht  them 
from  the  old  country. 

In  1858  Frank  Stock  planted  a  vineyard  at 
the  corner  of  William  and  Eighth  streets,  San 
Jose.  He  imported  valuable  German  varieties, 
among  which  were  the  Johannisberg  Ries- 
ling, Franklin  Riesling,  Tramina,  Golden 
Chasselas  and  Zinfandel.  AMien  the  vineyard 
was  discontinued  in  1869  Mr.  Stock  presented 
his  vines  to  Mr.  Lefranc,  who  removed  them 
to  the  New  Almaden  vineyard.  In  course  of 
time  the  glut  of  French  wine  at  San  Francisco 
disappeared  and  there  came  a  demand  for 
more.  Then  Lefranc  turned  his  attention  to 
wine  making,  his  first  considerable  vintage  be- 
ing in  1862.  He  continued  his  planting  until 
he  had    131    acres  in  vineyard. 

Antonio  Delmas,  like  Louis  Pellier,  was 
an  earlv  importer  of  wines,  his  vineyard  be- 
ing on  part  of  what  is  now  Delmas  Avenue. 
Pedro  Sainsevain  also  had  some  good  varie- 
ties at  an  early  day.  In  1868  Victor  Speck- 
ens  had  a  vineyard  of  choice  grapes  in  full 
bearing.  This  vineyard  afterward  went  into 
the  hands  of  John  Auzerais,  of  San  Jose,  who 
planted    many    new    varieties. 

Other  plantings  of  notable  varieties  were 
made  between  l868  and  1871.  The  Stocktons 
planted  the  Gravelly  Hill  Vineyard,  D.  M. 
Harwood  planted  the  Lone  Hill  Vineyard, 
Frank  Richmond  in  the  same  neighborhood 
followed  suit  and  Ncirman  Porter  selected  the 
Cupertin<i   district   for  a   new  vineyard. 

This  district,  now  given  over  niainl}^  to 
orchards  of  prunes,  apricots  and  cherries,  was 
once  famiius  for  its  vineyards.  In  1848  Elisha 
Stevens,  who  was  captain  of  the  Murphy  party 
in  1844,  settled  on  the  ranch,  afterward  known 
as  "Blackberry  F'arm,"  and  gave  his  name  to 
Stevens  Creek.  He  planted  four  acres  of  Mis- 
sion grapes  on  the  creek  bottom.  He  also 
planted  l)lack1)erries  and  tliis  action  gave  the 
name  to  Jiis  place.    Soon  after  this  a  Spaniard 


1-|1S'IX)R^'    OV   SANTA   CI.ARA   COUN'IA' 


141 


named  Novato,  who  hatl  settled  in  the  I'dot- 
hills  near  Permanente  Creek,  phmted  a  few 
euttini^'s  from  Captain  Ste\ens'  xineyard.  With 
the  exception  of  a  few  patches  here  and  there 
that  was  all  the  planting-  done  until  1870.  Much 
of  the  soil  was  thin  and  covered  with  chemisal 
anil  had  no  reputation  either  for  fertility  or 
endurance.  Many  grain  farmers  l')ecame  poor 
in  trying  to  make  a  li\ing  there  and  it  was 
considered  a  pure  Avaste  of  time  and  money 
to  endea\or  to  obtain  a  li\ing  In'  grape  cid- 
ture.  In  1870  S.  R.  Williams  came  into  the 
district  and  took  a  contract  from  AVilliam 
Hall  to  clear  the  ground  and  plant  100  acres 
in  ^-ines  and  care  for  them  for  three  years. 
He  did  this  and  as  pay  received  a  deed  to 
fifty  acres  of  the  land.  Williams  was  followed 
by  Portal,  who  set  out  the  Burgundy  vine- 
yard and  b}"  J.  F.  Thompson  who  planted 
forty  acres  adjoining.  They  were  followed  by 
Hall,  CTardner,  \\Tight,  Alontgomery,  Bubb, 
Farr,  Blabon,  Hallenbeck,  Coomlje  and  others. 
Nearlv  all  these  plantings  were  made  from 
1880  to  1885. 

Other  districts  were  being  developed  wdiile 
the  Cupertino  planting  was  going  on.  The 
Union  and  Los  Gatos  districts,  Evergreen, 
^iladrone  and  the  Collns  districts,  hills  above 
Saratoga  and  on  the  eastern  side  of  the  valley, 
toward  the  Mission  San  Jose  had  many  spots- 
converted  into  vineyards.  Most  of  the  vines 
on  the  San  Francisco  and  Boyter  roads,  and 
the  foothills  near  E.vergreen  -were  planted  aft- 
er  1880. 

In  1856  Lyman  J.  Burrell  planted  grapes  in 
the  .Santa  Cruz  ]\Iountains  near  the  summit. 
He  was  followed  by  H.  C.  Morrell,  D.  C.  Feely 
and  many  others  until  the  Skyland  region  be- 
came famous  for  its  fine  output  of  table  grapes. 
For  years  hundreds  of  tons  were  annually 
shipped  to  the  East. 

In  1919  there  were  23,000  olive  trees  in 
Santa  Clara  County.  The  largest  and  most 
important  olive  farm  is  known  at  home  and 
abroad  as  the  "Quito  Olive  and  Vine  Farm." 
It  contains  eighty-one  acres,  is  eight  miles 
from  San  Jose  and  is  situated  on  the  Quito 
road  near  its  junction  with  Saratoga  Avenue. 
It  was  formerly  a  part  of  the  Jose  Ramon  Ar- 
guello  rancho  and  was  used  by  him  as  a  coun- 
try homestead,  and  here,  in  1865,  he  planted 
the  first  of  the  olives,  a  small  vinej^ard  and 
a  fruit  orchard.  His  death,  in  1876,  led  to  a 
division  of  the  estate  and  in  December,  1882, 
the  olive  farm  passed  into  the  hands  of  Ed- 
ward E.  Goodrich,  a  graduate  of  Yale  and  of 
the  Albany  Law  School.  The  development  of 
the  place  has  been  carried  on  slowly,  but 
steadily  since  that  date.  A  few  years  passed 
during  wdiich  time,  the  entire  place  was  given 
over  to  olives.    The  buildings  consist  of  a  mill, 


with  crusher  and  press  arldition,  winery,  barn, 
commodious  houses  f(jr  the  force  of  workmen 
and  other  appurtenances  of  an  up-to-date  insti- 
tution. In  the  process  of  oil  making,  Mr.  Good- 
rich So  im])roved  upon  the  work  of  the  Ital- 
ians that  it  was  not  long  before  his  products 
can-ie  to  lie  recognized  as  superior  to  any  sold 
in  the  LTnited  States.  At  the  great  American 
exhibitions  he  took  first  prizes,  while  the  sales 
were  never  able  to  keep  pace  with  the  demand. 
I'esides  the  profit  of  the  oli^'e  farm,  the  tree 
has  certain  special  attractions.  By  its  almost 
unlimited  life  an  olive  orchard  is  ever  increas- 
ing in  value.  B}-  its  hardihood  it  can  oc- 
cupy land  not  adapted  to  fruit  culture  and  al- 
most valueless  for  general  farm  uses.  Mr. 
Goodrich  died  on  April  21,  1920.  In  August, 
1919,  he  had  sold  the  farm  to  G.  Bruces,  wdio 
will  continue  the  manufacture  of  oil. 

The  growing  of  seeds  is  carried  on  exten- 
sivel}-  in  Santa  Clara  Count}'.  There  are  sev- 
eral companies  engaged  in  this  industry,  the 
principal  ones  being  the  Braslan  Seed  Grow- 
ers Company,  Inc.,  the  California  Seed  Grow- 
ers Association,  Inc.,  and  the  Kimberlin  Com- 
pany. The  P>raslan  Company  started  business 
in  1Q05,  have  seed  farms  covering  400  acres  in 
Eden\ale  and  Gilroy,  and  for  years  had  large 
g-o^'ernment  contracts.  The  output  of  gar- 
den seeds  is  now  used  mainly  by  the  large 
nurseries  and  seed  distributing  establishments 
of  the  East,  Europe  and  the  Orient.  The 
warehouse  is  at  Coyote  Station,  twelve  miles 
south  of  San  Jose  on  the  Monterey  road  and 
the  Gilroy  line  of  the  Southern  Pacific  Rail- 
way. C.  P.  Braslan,  who  started  the  business, 
died  in  1910,  and  the  company  is  now  a  family 
affair,  Mrs.  Braslan  being  the  principal  owner. 
The  officers  are  Dr.  E.  O.  Pieper,  president 
and  manager:  W.  E.  Evans,  secretary  and 
treasurer. 

The  California  Association,  an  ofTshoot  of 
the  Braslan  Company,  ^^•as  organized  in  1912, 
with  D.  G.  Fisher,  president;  J.  W.  Edmund- 
son,  vice-president,  and  Miss  Mary  Williams, 
secretary  and  treasurer.  It  has  1,000  acres 
in  tw'o  farms  in  Santa  Clara  County  and  the 
warehouse  is  located  in  San  Jose  near  the  old 
narrow  gauge  depot.  The  garden  seeds  har- 
vested find  their  way  to  all  parts  of  the  world. 

The  Kimberlin  Company — C.  R.,  L.  M.  and 
J.  L.  Kimberlin — controls  about  800  acres,  the 
farms  being  in  Milpitas  and  Gilroy.  Like  the 
other  companies,  the  seeds  grown  have  the 
whole  world  as  a  market. 

The  citrus  fruits  ha^'e  been  cultivated  in 
Santa  Clara  County  for  a  period  antedating 
tradition.  C)range  and  lemon  trees  early 
found  place  in  the  Mission  orchards  and  many- 
were  brought  to  the  valley  by  the  early  im- 
migrants  from   Mexico.     They   were   common 


14^ 


HISTORY  OF   SANTA   CLARA   COUNTY 


in  the  (Ujoryards  and  gardens  of  old  Spanish 
homesteads  and  Ijore  alntndant  fruit,  though 
not  of  the  liest  quality.  Orange  and  lemon 
trees  of  a  Ijetter  Aariety  were,  many  years 
ago,  planted  on  the  grounds  of  W.  S.  TvIcMur- 
try  and  AA'.  H.  Rogers  in  Los  Gatos.  The>' 
grew  thriftily  and  bore  well.  Christian  Field- 
sted.  on  the  eastern  foothills,  had  an  orchard 
of  oranges  and  semi-tropical  fruits  which 
was  a  source  of  considerable  profit.  In  1880 
Har\'ey  Wilcox  planted  si.xteen  acres  to 
oranges  in  the  hills  overlooking  Los  Gatos. 
At  six  years  of  age  these  trees  brought  a  large 
harvest  of  beautiful  fruit.  As  a  rule  citrus 
fruits  were  not  planted  for  the  market,  but  as 
an  ornament  and  to  furnish  a  home  supph^. 
For  this  reason  imblic  attention  A\-as  not  called 
to  this  branch  of  horticulture  until  the  winter 
of  1886-87.  At  that  time  the  County  Horti- 
cultural Society  held  a  citrus  fair,  at  which 
oranges  and  lemons  were  presented  for  ex- 
hibition from  163  different  localities  in  the 
valley.  This  exhibition  was  made,  not  for 
the  purpose  of  showing  citrus  culture  as  a 
leading  industry  of  the  valley,  but  to  demon- 
strate to  Eastern  visitors  that  Santa  Clara 
County  possessed  a  soil  and  climate  suitable 
to  the  growth  of  these  fruits.  But  orange 
culture  will  ne\er  become  a  very  important 
branch  of  the  county's  horticulture.  This  will 
not  be  from  lack  of  adaptability  of  soil  and 
climate,  but  because  it  does  not  pay  as  well 
as  other  lines  of  fruit  growing,  nor  is  it  so 
sure  or  capable  of  being  conducted  with  so 
little  expense.  But  orange  and  lemon  culture 
still  continues  on  a  small  scale.  In  all  sec- 
tions of  San  Jose  and  in  many  parts  of  the 
county,  particularly  in  the  foothills,  may  be 
seen  liardy  and  well-bearing  orange  and  lemon 
trees. 

In  aid  of  the  farmers  there  was  organized 
in  1917  the  Santa  Clara  County  Farm  Loan 
Association  as  a  part  of  District  No.  11,  which 
comprises  California,  Oregon,  Nevada  and 
Utah.  The  National  Farm  Loan  Act,  under 
which  the  association  operates,  has  for  general 
purposes  the  lowering  and  ec[ualization  of  in- 
terest rates  on  first  mortgage  farm  loans  ;  the 
providing  of  long  term  loans  with  the  privi- 
lege of  repayment  in  installments  through  a 
long  or  short  period  of  years  at  the  borrower's 
option;  the  assembling  of  the  farm  credits  of 
the  nation  to  be  used  as  security  for  money 
to  be  employed  in  farm  development ;  the  stim- 
ulating of  co-operative  action  among  farmers ; 
the  making  easier  for  the  landless  to  get  land 
and  the  provision  for  safe  and  sound  long- 
term  investments  for  the  thrifty.  The  Fed- 
eral land  banks  make  the  loans  and  issue  their 
bonds  or  debentures  to  investors.  The  na- 
tional farm  loan  associations  are  organizations 


of  borrowers  and  through  them  applications 
for  loans  are  made  t<i  the  Federal  land  banks. 
The  rate  of  interest  is  five  and  one-half  per 
cent,  but  a  different  rate  may  ])e  charged  if 
found  adA'isable.  The  secretary-treasurer  of 
the  local  farm  association  is  required  to  col- 
lect the  installments  from  the  borrowers  in 
his  association  and  remit  them  to  the  Federal 
land  bank.  Both  interest  and  principal  are 
included  in  the  equal  annual  or  semi-annual  in- 
stallments throughout  the  entire  period  of  the 
loan.  The  farmer  wdio  borrows  is  required 
to  Iju}'  stock  of  his  local  association  equal  to 
fi\'e  per  cent  of  his  loan.  This  stock  is  held 
by  the  association  as  collateral  security  until 
the  farmer  has  paid  off  his  loan.  AVith  the 
money  which  the  borrower  pays  for  his  stock 
the  association  buys  stock  in  the  Federal  land 
bank's  capital  in  order  that  it  may  make  more 
loans.  In  case  of  severe  losses  experienced  by 
the  local  loan  association  wdiich  make  it  un- 
able to  meet  its  obligations,  each  borrower  is 
personally  liable  for  an  amount  equal  to  the 
face  value  of  his  stock.  If  loans  are  conserva- 
tively made,  it  is  claimed  that  no  loss  can 
reasonably  occur  that  would  call  for  this  five 
per  cent  liabilit}'.  If  the  banks  make  a  profit 
they  will  pay  dividends  on  all  stock  except 
that  held  by  the  government.  The  Santa  Clara 
County  Association  has  for  officers  :  L.  Wood- 
ard,  president:  F.  ]\L  Righter,  vice-president; 
L.  P.  Edwards,  secretary.  In  the  Madrone 
district  is  another  association,  with  Mrs.  S. 
M.  Schofield,  Woodard,  Righter,  R,  J.  Mayne 
and  Mrs.  Agnes  Schroeder  as  directors.  The 
count}'  is  also  well  represented  by  Granges  of 
the  Patrons  of  Husbandry. 

In  the  line  of  vegetables  Santa  Clara 
County  is  in  the  front  rank  as  a  producer.  In 
1919  over  a  million  cases  of  canned  tomatoes, 
string  beans,  peas,  cucumbers  and  other  odds 
and  ends,  aggregating  over  250,000  cases,  were 
packed,  while  as  for  onions,  something  like 
500  tons  were  raised.  There  were  also  paying 
crops  of  asparagus,  lettuce,  beets,  cauliflower, 
celery,  corn,  cabbage,  squash,  potatoes,  etc., 
raised  in  the  sediment  soil  along  the  creeks 
and  in  other  favorable  localities. 

As  for  poultry,  of  all  the  prizes  awarded  of 
late  years,  ninety-five  per  cent  went  to  Santa 
Clara  birds.  Including  chickens,  turkeys, 
geese  and  ducks,  there  were  17,220  head. 

Dairying  is  also  carried  on  extensively.  The 
butter  output  averages  500,000  pounds,  and 
over  that  amount  in  cheese.  The  southeastern 
end  of  the  county,  around  Gilroy  and  Morgan 
Hill,  is  well  suited  to  this  kind  of  industry. 
Alfalfa  can  be  readily  grown  on  the  level  land 
of  the  valley,  -where  the  water  supply  is  good, 
and  as  hogs  and  alfalfa  go  together,  the  same 
conditions  will  apply  to  both. 


lllSToUV    ul«    SAXTA    CI.ARA   COUNTY 


14,5 


The    orchards    of    the    euunty    are    irrii^ated, 
sometimes    from    stream    (htehes,    hut    mostly 
from    artesian   wells.      These   wells    were    lirst 
used  in  the  \alley  in   1S54,  shallow  wells  and 
water    from    the    creeks    sufficini;-    for    the    re- 
quirements  of   the   earlier   days.      In   January, 
1854,    when    tlie    Merritt    brothers    built    their 
l.M'ick  house  on  Fifth  Street — it  is  still  stand- 
ing— they     commenced     boring    for     a     U)\\'er 
stratum   of   water,   seeking  a   stream    that   did 
not    act    as    a    sewer    fcir    all    the    accumulated 
tilth  on  the  ground.     The}-  struck   water  at  a 
depth    of    iiftv    feet,    Init    determined    to    go 
deeper.     At  eighty  feet  they  tapped  a  stream 
that  came  rushing  to  the  surface  like  the  erup- 
tion of  a  volcano.     The  hole  was  six  inches  in 
diameter    and    the   pressure   was    sufficient,    as 
]\Ir.   Hall   says   in   his   "History  of   San  Jose," 
to  run  a   sawmill.      The   success   met  with   in 
this    well    induced    the    boring    of    others.      In 
the  same  month  J.  S.  Shepard  had  a  well  sunk 
on    his    place,    three    miles    from    town.      This 
well  went  through  muck  and  clay  to  a  depth 
of    seventy-five    feet    and    a    stratum    of    sand. 
Five  feet  in  this  sand  water  was  struck  and, 
although  the  pipe  rose  sixteen  feet  above  the 
surface  of  the  ground,  the  -water  came  out  of 
the  top  as  though  forced  by  powerful  machin- 
ery.    During  the  next  month  T.  Meyers  bored 
a 'well    and    obtained    a    plentiful    supply    of 
water.      But   the   greatest  -well   in  the   history 
of    the    county   was    bored    in    August   of    the 
same   year   by   G.   A.    Dabney,   near   San   Fer- 
nando'Street.      Mr,    Hall    thus    describes    it: 
"After  boring  six  feet  the  auger  entered  a  bed 
of  clav,  through  which,  a  distance  of  fifty-four 
feet,  it  penetrated,  when  the  water  rushed  up 
with  a  force  unknown  here  in  well-boring.     It 
flooded   the   surrounding   lands   so   that   it  be- 
came a  serious  question  how  the  water  should 
be  disposed  of.     The  City  Council  declared  it 
a  nuisance  and  passed  an  ordinance  directing 
Dabnev  to  stop  or  control  the  flow  of  water, 
and   if'  not,   he   should   pay   a   fine   of   $50   for 
everv    day   he    allowed    it    thus    to    run.      The 
ordinance    had    no    effect    on    the    dynamical 
properties  of  the  water,  nor  any  on  Dabney ; 
for  about  six  weeks  it  flowed  on,  rising  nine 
feet   above   the   surface   of   the   ground,   when 
other  .wells    bored    in    that    vicinity    lessened 
its  force  and  volume.     It  was  a  curiosity  and 
received  visitors   daily." 

After  this  demonstration  of  the  fact  that 
artesian  water  could  be  had,  there  was  no 
more  complaint  of  the  lack  of  this  necessary 
fluid.  The  old  acequm  fell  into  disuse  and 
finally  disappeared.  Wells  were  sunk  in  vari- 
ous localities  and  always  with  good  results, 
but  as  the  wells  accumulated  the  force  of 
the  flow  was  somewhat  diminished.  The  first 
irrigating  was  done  on  the   lower   land   north 


of  town.  At  one  lime  the  (.'alifornia  Invest- 
ment Company,  which  had  ac(juired  several 
thousand  acres  of  salt  marsh  land  along  the 
sill  ire  of  the  bay,  attempted  t(i  reclaim  it  by 
means  of  artesian  \\'e]ls.  The  project  was  to 
build  lex'ees  around  their  property  to  shut 
out  the  sea,  pump  out  the  salt  water  and  re- 
place it  with  fresh  artesian  water.  They  went 
so  far  as  to  bore  many  ^ve11s,  l)ut  abandoned 
the  project,  either  because  it  ^vas  im])ractica- 
ble  or  on  account  of  the  exjjense.  The  wells, 
howe\er,  were  a  great  source  of  annoyance  to 
the  people  li\ing  in  the  north.  Being  allowed 
to  flow  continually,  the  water  in  other  wells 
was  lowered  and  many  ceased  to  flow  at  all. 
The  matter  became  so  disastrous  that  an  act 
was  passed  by  the  Legislature  declaring  it  a 
.nisdemeanor  to  permit  artesian  wells  to  re- 
train uncapped  wdien  not  in  use.  After  much 
labor  this  law  w-as  enforced  and  the  injured 
w-ells  recovered  their  vigor. 

Many  attempts  ha^•e  been  made  to  trace  and 
locate  the  artesian  belt,  but  it  is  continually- 
being  struck  outside  these  locations,  and  no 
one  cares  to  risk  his  reputation  by  saying 
w-here  it  is  not.  It  was  at  first  thought  to  lie 
exclusively  between  San  Jose  and  the  bay, 
following  the  lower  levels  of  the  valley.  In 
1870  artesian  water  was  supposed  to  have 
been  found  in  the  San  Felipe  tract  southeast 
of  Gilroy.  But  one  night  a  well,  windmill  and 
tank,  house  and  frame,  on  the  property  of  Mr, 
Buck  disappeared  from  sight  and  the  longest 
sounding  line  w-as  unable  to  discover  the 
whereabouts  of  the  missing  improvements. 
This  indicated  that  the  supply  was  a  lake  and 
not  an  ordinarj'  stream.  In  1887  flowing  arte- 
sian w-ater  was  found  at  Gilroy  and  the  neigh- 
borhood w-as  afterw-ard  successfully  developed. 
W^ith  all  these  facts  understood,  there  can  be 
no  doubt  that  artesian  water  can  be  found  at 
any  point  in  the  valley,  not  excepting  the 
higher  grounds  near  the  foothills. 

The  Farm  Owners  and  Operators'  Associa- 
tion was  organized  in  1919  for  the  purpose  of 
becoming  a  part  of  a  state  organization.  A 
constitution  has  already  been  prepared  and 
when  in  operation  the  various  branches  in  the 
state  will  become  as  units.  The  object  of  the 
association  is  to  protect  the  farmers  and  orch- 
ardists  and  at  the  same  time  promote  their  in- 
terests. The  officers  are :  J.  J.  McDonald,, 
chairman;  T.  D.  Landels,  vice-chairman;  Mary 
P.  Richter,  secretary:  B.  T.  McCurdy,  treas- 
urer. Board  of  trustees — Robert  Britton,  Mor- 
gan Hill ;  Frank  Stevens,  Coyote  ;  Luther  Cun- 
ningham, Saratoga ;  J.  H.  Harkness,  Morgan 
Hill ;  J.  H.  Fair,  San  Jose ;  lohn  Hassler, 
San  Jose:  A.  R.  McClay,  San  Jose;  H.  F, 
Curry,  San  Jose;  Albert  M.  Foster,  San  Jose; 
John   W.    Shaw,    San    Jose ;    Arthur    P.    Free- 


144 


HISTORY   OF   SANTA   CLARA   COUNTY 


man,  Lawrence  ;  A.  \V.  Greathead,  San  Jose ; 
T.  J.  Herndon,  CampbeH  ;  vS.  T.  Johnson,  Cup- 
ertino ;  E.  K.  Clendenning,  Campbell ;  J.  K. 
Durst,  Sunnyvale;  E.  L.  Fellow,  Santa  Clara; 
R.  T.  Van  Orden,  Mountain  View;  Lewis  H. 
Britton,  Morgan  Hill;  V.  T.  McCurdy,  Santa 
Clara ;  F.  C.  Willson,  Sunnyvale.  Although 
organized  but  three  years,  the  association  has 
done  considerable  work.  It  has  l)een  instru- 
mental in  equalizing  fruit  tree  assessments. 
It  has  also  materially  assisted  in  the  move- 
ment for  conser\'ing  the  water  of  the  valley. 
In  1920  it  took  up  the  county  season  labor 
problem  and  is  now  receiving  the  hearty  sup- 
port  of   the   canneries  and   packing   houses. 

The  Fruit  Growers  of  California  Associa- 
tion, Inc.,  was  organized  in  1919  and  is  a  sort 
of  detached  auxiliary  of  the  California  Prune 
and  Apricot  Growers,  Inc.  It  handles  green 
fruit  only  and  sells  to  canners  and  ships  to 
Eastern  buyers.  It  does  for  the  green  fruit 
what  the  dried  fruit  operators  do  for  dried 
fruit.  R.  P.  Van  Orden  of  Mountain  View  is 
president,  and  J.  U.  Porter  is  acting  secretary. 
The  directors  and  I.  O.  Rhodes,  C.  C.  Spauld- 
ing,  A.  C.  Gordon,  James  Mills,  H.  N.  Schroe- 
der,  Herman  A.  Clark,  W.  E.  Moore,  L.  E. 
Walker  and  E.  R.  Clendenning.  Every  fruit 
section  of  the  county  is  represented  in  the  di- 
rectorate. Mr.  Bone,  who  was  the  first  sec- 
retary, was  one  of  the  leaders  in  the  organiza- 
tion of  the  California  Prune  and  Apricot 
Growers,  Inc.,  and  for  two  years  was  its  sec- 
retary. 

The  California  Prune  and  Apricot  Growers, 
Inc.,  have  organized  growers',  packing  and 
warehouse  associations  with  plants  in  Santa 
Clara  County  as  follows:  Plant  No.  1,  Camp- 
bell; No.  2,  Morgan  Hill;  No.  3,  Gilroy;  No.  4, 
San  Jose,  Fourth  and  Lewis  streets ;  No.  6, 
San  Jose ;  No.  7,  Vasona,  Los  Gatos ;  No.  8, 
Mountain  View  ;  No.  10,  San  Jose  ;  No.  11,  San 
lose,  Cinnebar  and  Senter  streets;  No.  13,  Los 
Gatos;  No.  14,  Lincoln  Avenue,  San  Jose. 
They  also  have  plants  in  \arious  sections  of 
the  state,  and  the  list  extended  to  f(jrty  in  1921. 
The  following  packers  of  the  county  are  af- 
filiated with  the  association:  Plant  No.  14, 
[.  W.  Chilton  c^  Co.,  San  Jose;  No.  15,  J.  B. 
Inderrieden  Co.,  San  Jose;  No.  16,  Pacific 
Fruit  Products  Co.,  San  Jose;  No.  17,  Warren 
Dried  Fruit  Co.,  San  Jose;  No.  22,  Geo.  E. 
Hyde  &  Co.,  Cani])l)ell  ;  No.  37,  Warren  E. 
Hyde,  S.  E.  Johnson,  Cupertino;  No.  38,  West 
Side  Fruit  Growers'  Association,  Cupertino. 
In  addition  to  the  above,  there  will  be  estab- 
lished at  numerous  points  in  the  state  receiv- 
ing stations.  Growers'  Packing  and  Ware- 
housing Association,  Inc.,  has  already  nego- 
tiated the  purchase  of  several  properties  nec- 
essary for  these  plants. 


Contracts  for  handling  fruit  have  been  made 
with  the  green  fruit  buyers  of  the  county.  The 
independent  packers  of  the  county  are  as  fol- 
lows :  San  Jose — C.  H.  Anderson,  J.  K.  Arms- 
hy.  Castle  liros.,  California  Fruit  Canners'  As- 
sociation, California  Packing  Corporation 
plants  Nos.  50,  51  and  52;  Earl  Fruit  Com- 
pany, Golden  Gate  Packing  Company,  J.  C. 
Moore,  Guggenheim  Packing  Company,  Rich- 
mond-Chase Company,  Polak  Packing  Com- 
pany, Wayne  Packing  Company.  Campbell — 
Ainsley  Packing  Company.  Saratoga — Soro- 
sis  Fruit  Company.  Santa  Clara — Block  & 
Company.     Sunnyvale — J.  K.  Armsby. 

Following  are  the  fruit  and  vegetable  can- 
neries of  Santa  Clara  County:  Alviso — Bay- 
side  Canning  Compan}-.  Campbell — Ainsley 
Canning  Company,  California  Canneries,  Geo. 
E.  Hyde  &  Company,  Gilroy — H.  A.  Baker 
Cannery,  Felice  &  Perelli  Canning  Company. 
Los  Gatos — Hunt  Brothers.  Mayfield — Foon 
Canning  Compan}'.  Milpitas — California  Pack- 
ing Corporation.  Mountain  View — Concen- 
trated Tomatoes  Company,  John  W.  McCar- 
thy, Jr.,  &  Co.  Santa  Clara — Pratt-Low  Pre- 
serving Company.  Sunnyvale — California  Sup- 
plies Company,  Libby,  McNeil  &  I^ibby,  Srm- 
nyvale  Canneries.  San  Jose — Alba  Canning 
Company,  Beechnut  Company  of  California, 
Bisceglia  Brothers  &  Company,  California 
Growers'  /\ssocation,  California  Prune  and 
Apricot  Growers,  Inc.  ;  California  Packing  Cor- 
poration (two  plants),  Contadina  Canning 
Company,  Di  Fiore  Canning  Company,  Flick- 
inger  &  Company,  Greco  Canning  Company, 
Golden  Gate  Packing  Company,  Herljert  Pack- 
ing Company,  Italian  Canning  Company,  J.  F. 
Pyle  &  Son,  Richmond-Chase  Company,  Sal- 
sina  Canning  Company,  San  Jose  Canning 
Company,  Shaw  Family,  Inc. ;  Sunlight  Pack- 
ing Company,  Wool  Canning  Company,  De- 
hydrating Plant,  Spolster  &  Company;  Banks' 
Evaporator. 

Following  are  Santa  Clara  County  statistics 
up  to  Decemljer,   1921  : 

Area,  acres... 867,200 

County   area,   square   miles. 1,355 

Numlier  of  farms  and  orchards 23,900 

Number  of  acres  assessed 743,822 

Tax  Rates 

County  ta.K  rate  (outside  incor- 
porated   cities) $  2.15 

San  Jose  ta.x  rate — City,  $1.52; 
county  (inside  cities),  $1.72; 
schools,  $1.15;  total 4.48 

County   Assessment 

County  real  estate $  31,932,740 

Improvements  on   same.. 13,169,670 

Imp'ts    on    property    not    assessed 

to    owners 26,795 


HIS'r()R\'    OF   SANTA    CUARA   C'oUN'IA' 


145 


City  and  town  lots.._,_ _ _ 18,4,i6,405 

hnprovements  nn   same _ 15,5(y).400 

Improvements  on  propert\-  not  as- 
sessed   to  owners __ ___.  JO, 800 

Total    \alne _ ,^  79,155,810 

Personal   Property 

Inside    _ _ __ _____,.$  4.687,550 

Outside    ...__ _..._ _ _ 4,412,495 

Collected  liy  Assessor,  inside 2,713,125 

Collected  h_\-  Assessor,  outsiile.  .  .  .  o22,230 

Money  and  sohent  credits,  inside..  281,160 

Money  and  solvent  credits,  outside  137,345 

Total   personal ..$  12,553,905 

Total  of  all  non-operative  prop.  91,709,715 

Operative  Roll 

Real  estate $  2.144,060 

Imjirovements   297,955 

Personal  propert^^  mone^^  soKent 

credits    ...' ' 6.921 .045 

Total  operative  property $  9,363.060 

Grand  total  of  all  property 101,072,775 

Exempt  Property 

\'eterans,    605    exemjit;    value    of 

e.xemption  $  533.255 


Collc-e  .]f   Noire   Dame 220,860 

Cnnersity   .,1   Santa  Clara..... LSs'sSO 

Stanford    Cni\ersity __ _,  411,560 

Colle.^e  of  I'acilic 48,400 

Total  exemptions... _ ___...$      1„?69,955 

Total     pro]ierty,     non-operative, 

operative  and  exempt.. 102,442,730 

Property  in   Road  Districts 

Road    District    Xo.    1 $     8,295,525 

^^'-  -  -^ - 4,750,410 

No.  3....... 6.379,905 

No.  4... _.     16,591,460 

No.  5... __ 13,796,950 

Valuation  Incorporated  Cities 

San  Jose __._.$  27,411,825 

(^ilroy _,...  1.064,225 

Aiorgan  Hill _ __..  284,495 

Santa   Clara __..  2,574,435 

Dos  Gatos __ 1,343.470 

Sunn3-\ale  445  795 

Afayfield __..  4.84,175 

.Mountain  View 746,905 

Palo  Alto 4,347,675 

Alviso    270,515 


CHAPTER  XIII. 


County  Government  and  Good  Roads — The  Transportation  Facilities  of  the 
Early  Days — History  of  Various  Important  Road  and  Railway  Enter- 
prises— The  Rise  and  Fall  of  Toll  Roads — Early  Modes  of  Transporta- 
tion— First  Telegraph  Line. 


There  is  no  better  index  of  the  character  of 
a  people  than  the  nature  of  the  laws  and  the 
manner  in  which  they  are  administered.  .As 
a  rule  the  California  codes  cktsely  follow  the 
codes  of  Xew  York.  1:)Ut  in  matters  of  state, 
anfl  especially  (jf  count}",  government  there 
are  many  vital  differences.  .An  intelligent  ex- 
amination will  show  that  all  the  best  experi- 
ence of  the  older  states  has  been  end.iodied  in 
the  California  legislati\'e  laws,  for  hither  came, 
in  the  early  days,  some  of  the  lirightest  minds 
in  the  legal  profession  at  a  time  when  the 
law-s  were  ready  to  be  made  on  the  most  ap- 
proved plans.  It  is  harrl  to  budge  an  estab- 
lished s\-stem  of  government,  even  wdien  its 
defects  are  apparent.  California,  therefore, 
having  few  laws  and  no  prejudices  in  early 
days,  was  ready  to  profit  b}'  all  that  had  been 

learned  in  the  older  communities. 
10 


Down  to  1879.  the  state  had  mo\-ed  along 
under  the  constitution  of  1863.  l^ut  the  grow- 
ing power  of  certain  strong  corporations  and 
the  large  influx  of  Chinese  brought  aliout  a 
re^•olution  in  ])olitics.  The  working  classes 
asserted  themsehes  and  in  1879  a  new  con- 
stitution was  adojjted  that  radically  changed 
not  only  many  of  the  A'ital  principles  of  the 
laws.  Init  at  the  same  time  provided  great 
clianges  in  the  legislative  branches  of  the  gov- 
ernment. Some  of  these  changes  w^ent  into 
elifect  by  the  terms  of  the  constitution  (such 
as  the  abolition  of  District.  County  and  Pro- 
bate courts  and  the  establishment  in  their 
]dace  of  the  Superior  Court).  Init  others,  par- 
tictdarly  those  go^•erning  county  and  munici- 
pay  le.gislative  bodies,  recpiired  action  b_\-  the 
Legislature.  Such  actiijn  \\'as  soon  taken,  but 
working   under   the    new   constitution    was   an 


146  HISTORY   OF   SANTA   CLARA   C(.)UNTY 

ex]ieriinental  lousiness,  and  the  acts  passed  for  schonl    houses    are    handsome,    well-built    and 

thiise  purposes  were  declared  by  the  Supreme  commodious    structures,    with    up-to-date    ap- 

Ciiurt  to  he  uncdnstitutional.     It  -was  not  un-  pointments. 

til    1SS3    that   a    law   i)roviding  for    a   uniform  At   tlie   head   of    the    administrative   depart- 

sy^tem  of  county  o-,,vernment  was  passed  that  mgnt    of    the    county    government    stands    the 

stood  the  test  nf  the  courts.     Since  then,  sev-  board  of  supervisors.  "The  county  is   divided 

eral      amendments,      relating      ])rincipally      to  into  five  districts  on   the  basis  of' population. 

County    officers   and   tlieir   remuneration,   have  Hence  it  follows  that  some  districts  are  much 

been  jiassed,   hut   tlie   general   system   of   gov-  larger   in   area   than   others;   some   are   wholly 

ernment   has    m.t   l)een   impaired  in  the  valley;  others  partly  in  the  mountains'; 

.\s    the    constitution    rec|uires    that    all    laws  some   inchule   the  cities  of  the  county,  wliich 

shall    lie    unifr)rm    in    their    operation,    and    as  ha\'e   separate  governments   of  their  o\\'n  and 

special    legislation    nf   all   kinds   is   prohil^ited,  manage    their    own    roads,    schools    and    taxes, 

a    general    s}-stem    of    county    go\'ernment    is  while  others  h'dvc  tu  lie  adjusted  and  managed 

provided;     Init     as     some     counties    are    mi;)re  in  the  most  s1<illful  and  intelligent  manner  so 

densel\'  populated   than   others,   and   as  there-  that  common  justice  is  done  and  a  uniformity 

fore  tliere  had  to  lie  a  variation  in  the  number  of    pulilic     interest    preser\'ed.      The     system, 

i:if   count\'   officers,   the   counties   \vere   di\'ided  tlierefore,    is    far    more    complicated    than    the 

into  classes,  according  to  ]iopuhition,  the  only  uninfo)-med   are   aware   of. 

material  difference  in  the  laws  for  tlie  various  'n^g  l|.,ai-d  is  composed  of  five  mendiers,  one 
classes  lieing  tlie  nnndier  of  ofiicers  provided  .  f,-,„i,  ^..^r]-,  district,  the  districts  electing  their 
for,  the  law  for  the  administration  of  the  ,,\vn  mendiers.  These  elections  are  so  regu- 
county  affairs  in  all  the  counties  being  the  latd  that  at  least  two  of  the  members  on  any 
same.  This  plan  greatly  simplified  matters  in  elected  board  shall  already  ha\-e  been  in  office 
many  ways,  especially  in  the  determination  by  two  vears,  thus  securing'a  constant  quantity 
the  higher  courts  of  vexatious  problems  that  ,  ,f  cx'iierience.  This  is  a  xerr  important  fea'- 
occasionally  arise.  Nearly  every  problem  of  ture.  .\  board  comjiosed  entirely  of  new  mem- 
consequence  has  already  been  determined,  so  ],e,-s  nn'o-ht  easily  get  into  trouble  through 
that  now  the  Inisiness  of  all  the  counties  pro-  n^istakes.  The  <luties  of  the  board  are  intri- 
ceeds  on  estalihshed  lines.  ^-^^^.        \^    ,„j,,^t    establish    school    districts,    fix 

The    judicial   branch    of   the   county    go\'ern-  boundaries   and   ]iro\-ide   money;   it   must   take 

iiient     is     the     Suiierior     Court.     Santa     Clara  care    of    the    roads,    fix    the    ta.x    rate,    care    for 

County,    according   to    class,    is    provided    with  ;uid  maintain  the  county  l^uildings,  almshouse 

three  judges.     They  divide  the  work  between  and    infirinar\- ;   |iro\dde   for    the    inspection   of 

themseh'es,   handling  jirobate,    civil   and   crim-  orcliards,  for  the  care  of  the  county  sick,  infirm 

inal  cases.     The  officers  of  the  Superir)r  Court  and   ]ioor  ;   make   iirovision   for   every   need   of 

are   the   county   clerk,   sheriff   and   district   at-  the  count}",  fill  \acancies  in  county  offices,  de- 

tornev.     These.   i')f  cc]urse,   and   es]iecialh'   the  clare  the  result  of  county  elections,  make  ap- 

clerk.  ha\'e  multifarious  duties  ai)art  from  tliCise  propriations     for     \'arious     humanitarian     and 

appertaining  to  the  court.     Santa  Clara  County  other  ])urposes,  sit  as  a  board  of  equalization, 

is   Republican   in   politics,   but   in   county   elec-  and    perform    such    other    duties    as    liefit    the 

tions    politics    cuts    small    figure,    so    that    the  guardian  of  the  county's  welfare.     The  mainte- 

offices    are    diA'ided    Ijetween    the    Republicans  nance  and  estalilishment  of  good  roads  is  one 

and  the  Democrats.      In   1920  the  Republicans  of  the   most   important   of   the   board's   duties, 

held  the  sherifl^'s,   the  surveyor's,  the  treasur-  and  it  may  lie  said  without  fear  of  contradic- 

er's,    the    superintendent    of    schools'    and    the  tit)n   that   in   no   count}-   of   the   state   has   this 

coroner's    offices,    while    the    Democrats    held  work    lieen    more    satisfactorily     carried     out. 

the  offices  of  clerk,  tax  collector,  assessor,  dis-  The  preliminaries  for  road  work  are  entrusted 

trict    attorney    and    auditor.      All    the    officers  to   the   count}-   sur\-eyor.      During   the   incum- 

hold  four  years,  except  the  judges,  who  hold  bencv  of  vSurveyor  Irving  Ryder  ('se\'en  years) 

si-x  A'ears.  ninety-eight  miles   of  paved   roads   have  been 

The  board  oi  supervisors   takes  care  of  the  completed  and  in   1922  contracts  were  let  for 

finances   of   the   county   schools.      The   county  sixteen  additional  miles.    Before  his  time  the 

superintendent  is  Miss'Agnes  E.  Howe  and  the  county  had  lint  twenty-two  miles  of  completed 

following  are  the  members  of  the  county  board  paved  roads.    This  does  not  include  the  state 

of  education  :     Francis  Gallimore,  Santa  Clara  ;  highway    of    about    seventy-five    miles,    which 

I    E.   Hancock   (president),   San   jose;   Robert  runs  from  Palo  Alto  on  the  northwest  side  of 

Loosem..re,    Los   <',atos;   W.   P.    Cramsie,    San  the  bay  to  San  Jose  and  on  to  the  southern  end 

jose:  Agnes   F.   Howe    (secretary ) ,   San   Jose,  of  the  count}-  at  Sargent's  Station ;  and  from  a 

There  are  ninetv-one  schools  and  .TSO  teachers  short  distance  ])eyond  Milpitas  on  the  north  to 

in    the    count}-,    exclusive    of    San    Jose.      The  San  Jose  and  on  to  Los  Gatos.     The  beginning 


HISTORV    0\<    SANTA    ChAUA    CoUX'IA'  1-+7 

(if   Uie   yoocl   roails   iiu)\  enu'ut   canu'   with    tlic  llieiicc    lo    the    ri.L;ht    of     Lucencia    Hij^'uera's 

advent  of  the  aiitonuibile.     At  hrst  the  super-  raiicli  throii.^h  the  Mission  (jf  San  Jose  to  the 

\isors   made   experiments   in   road   paxini;-,   but  conut\-    line,    where    the    road    crosses    the   Ar- 

all   pro\ed    failures   until    the   present   concrete  ro)ii    1  )elma)'a  at   Sunol's  ranch, 

system  was  tried.     Nearly  all  the  roads  in  the  "Second    -.Mso    a    road    commencing    at    the 

county   are  paved   with   concrete.      Other   ma-  Citv  of  San    fose,  at  Inrst  or  Alonterey  Street, 

terial,   oil    macadam,   is   used   on   some   of    the  and  runnim;-  where  the  road  now  runs  to  San 

orchard  roads  and  excellently  answers  all  pur-  )uan,  untd   it  reaches  the  county   line, 

poses.      Durino-   the    fiscal    year    1919-1')20    the  "    ■•'phi,-,i_Also    a    road    commencint,^    at    the 

road  and   hrulKe   improvements  of   the  county  ^'■^^.  ,,f   ^^.„^  j,,^^._   .^^  ^,^„t^^   (^'i^ra   Street,   and 

cost   $.-182,000.  runnin,i,f  where   the  present  road   no\v  runs,   to 

The  history  of  road  building  in  Santa  Clara  tdie  Mission  of  Santa  Clara,  and  from  thence, 

County   shows   that   the   matter   of   furnishing  by  the  left-hand  road,  to  the  old  Indian  village, 

easy  and  con\enient  means  of  communication  thence   b}-    Pmsard's    to    S.    Ivobles',    and    from 

between   the   ditTerent   sections   of   the   county  thence  to  \\'here  the  jiresent  road  runs  to  the 

has    been    an    important    cpiestion    liefore    the  cl^unt^■  line. 

count}' go\-ernment  since  its  organization.   The  "l-'ourth — .Also    a    road    commencing    at    the 

demand  for  good  roads  has  been  met,  almost  City  of   San    Jose,   at  vSanta   Clara   Street,   and 

before  it  ^\•as  expressed,  and  the  result  of  this  tn   run    where   the  present  road   now  runs,    to 

policy,  long  continued  with  a  liberal  spirit,  is  Santa    Cruz,    through    Fernandez'    ranch,    by 

seen    in    the    liroad,    smooth,    \\'ell-kept    paved  Jones'   mill    to   the   count)'   line."      'J'he   Jones' 

highways  reaching  to  e\'ery  part  of  the  valle>',  niill   referred   to   is   the   |)resent   town   of    Los 

winding  through  the  orchards,  among  the  foot-  C,atf)S. 

hills  and  e.xtending  ci\'er  the  mountains.   These  'Jdie    third    sjiecihcation   in    the   order   above 
roads  are  watered  during  the  summer  months,  set  forth  refers  to  the  road  to  San  Francisco, 
making   them    always    comfortaljle    for    tra\-el.  S.    Jvobles'   ranch    being   the   present   town    of 
liefore  the  Americans  came  into  possession  Mountain  \'iew.     The  rtjad  includes  the  Ala- 
in Santa  Clara  Countv,  there  \vere  practicallv  meda,  famous  in  song  and  story.     This  avenue 
no    roads.      Travel    was   chiefl^'   performed    on  was  laid  out  by  the  Fathers  of  the  Mission  of 
horseliack,  and  for  this  a  narrow  trail  was  suf-  Santa     Clara.      The     trees     were     planted     by 
ticient.      A\'here    the    ox-carts    ran    there    were  Father  Catala,   the  work  being  performed   by 
tracks  a  little  wider,  but  thev  had  no  legal  ex-  the  Indians  under  his  instruction.     There  were 
istence  as  roads.     There  being  no  fences  and  originally    three   rows    of    trees,    one    on    each 
the    countrv    being    used    mainlv    for    grazing,  side  and  one  in  the  center.     The  ground  was 
there    was    no    necessitv    for    the    warning    to  moist    and    full    of    adobe,    which,    when    wet, 
"keep  oti   the   grass,"  and   in  going  from'  one  made    traveling    troublesome.      Ditches    were 
point  to  the  other,  the  route  was  generallv  an  made    for   the   purpose   of   drainage,   but   they 
air-line,      except      where      intervening      water  but     impA'fectly     accomplished     their     object, 
courses'  compelled  the  traveler  to  seek  an  easy  The  shade  of  the  trees  excluded  the  sunshine 
ford  or  crossing,   or  where   opposing  hills   re-  and  prevented  e\-aporation.     While  during  the 
quired    a    circuit    to    be    made.       Even    when  summer   months    the    Alame_da     was     a  ^  most 
wagons    first   came   into   use,    this   system    was  charming  drive,  for  four  or  five  mr.nths  m  the 
kept    up,    and    in    the    ^yinter    time,' when    the  year    it    was    almost    impassable    for    vehicles, 
ground   was   wet   and    soft,    the   wagon   tracks  Travelers    passing   between    Santa    Clara    and 
ran  parallel   to   each   other  to   such   an   extent  San  Jose  were  compelled  to   seek  the  side  of 
that   it  was   a   common   saving   that   the    road  the  road  and  often  make  a  circuit  of  four  or 
from    San    Jose    to    San    Francisco    was    three  five  miles.     After  dark  it  was  not  unusual  for 
miles  wide"    With  the  Americans  came  a  dif-  people  to  lose  their  way  and  be  compelled  to 
ferent  system.     About  the  first  order  made  by  pass  the  night  m  the  open  air. 
the  county  government  after  its  organization  lo  meet  this  trouble  the  county  government 
was  in  refer^ence  to  public  roads.     The  order  opened  another  road  by  way  of  wdrat  is  now 
is  of  interest,  as  it  established  the  first  high-  known   as   Lnion  Avenue^back    5;      ^he     Fair 
ways  in  the  county.     It  was  made  bv  the  Court  Grounds,   now   Hanchett   Paik.     This   d  d   not 
of  Sessions  on  Tuly  6.  1850,  and  is  as  follows:  entirely  obviate  the  ditticulties,  and  m   186^  a 
"It  IS  ordered  by  the  court  that  the  follow-  franchise    was    granted    to    a    company    called 
in^  roads   be,   and'  they   are   hereby   declared  "The  Alameda  Turnpike  Company,     granting 
,  .    ,                   •.i-;._ 1  f„^  +1,^  rr„,,-.)-,r  r,-f      it   the  nrivi  eye   ot   collectm"    toll   on   tlie   Ala- 


pull      highways  within  and  for  the  County  of  it  the  privilege   of  collecting  toll   on   the   Ala- 

Q      f,   rur.    to  wit-  meda,  the  company  to  keep   the  road  in  good 

^'"ptrst^A  road  commencing  at   the   City  of  condition    for   travel.      This    company    erected 

San  lose  and  running  where  the  present  road  gates,    but    owing    to    the    nature    o     the    soil 

now    runs     bv     lames     Murphy's,    and    from  eould  never  make  the  road  good  m  all  its  parts 


H8  HISTORY   OF   SANTA   CLARA   COUNTY 

at  all  seasons.  Many  complaints  were  made  road  and  park,  a  tax  was  provided  for  all  prob- 
and finally,  in  1868.  the  county  purchased  the  erty  in  the  city  and  all  property  lying  within 
franchise  of  the  company  and  declared  the  three-cpiarters  of  a  mile  on  each  side  of  the 
road  free.  The  i)rice  paid  by  the  county  was  proposed  avenue.  This  tax  was  to  be  ten  cents 
$17.7,^7.50.  In  1870  the  report  went  abroad  on  the  hundred  dollars  for  the  first  year  and 
that  the  road  occupied  more  grcwmd  than  be-  hye  cents  per  year  for  the  next  three  years,  to 
longed  to  it,  and  that  several  feet  on  the  south  be  levied  by  the  city  and  county  as  other  taxes 
side  was  government  land  and  subject  to  pre-  are  levied  and  collected.  With  this  money 
emption.  (  )ne  night  a  gang  of  squatters  car-  the  road  was  constructed  and  trees  planted, 
ried  lumber  out  on  the  road  and  enclosed  strips  At  the  end  of  four  years,  when  the  special  tax 
of  land  on  the  south  side,  and  in  the  morning  expired,  the  road  was  kept  up  from  the  road 
many  of  the  residents  found  themselves  shut  fund  of  the  road  districts,  in  which  the  avenue 
off  from  the  highway.  The  squatters,  how-  was  situated  until  1878,  when  an  act  was 
e\er,  had  nothing  but  their  labor  for  their  passed  by  the  Legislature  authorizing  the 
])ains,  as  they  were  compelled  to  abandon  their  bf)ard  of  supervisors  to  pay  these  expenses 
claims  unconditionally.  To  ])re\  ent  a  recur-  from  the  current  expense  fund.  Today  all  the 
rence  of  this  dispute  an  Act  of  Congress  was  roads  leading  to  the  park  entrance  are  main- 
])rocured  in  1871  granting  the  county  a  right-  tained  by  the  county,  while  the  roads  inside 
of-way  for  the  road,  115  feet  wide  and  defining  the  park  are  kept  up  by  the  city,  which  also 
its  location.  Accurate  official  sur\eys  were  pays  for  the  improvement  and  maintenance  of 
made  and  granite  monuments  placed   so   that  the  park. 

the  exact  lines  should  always  be  preserved.  Saratoga  Avenue  was  created  at  the  same 
The  final  location  was  made  in  1873.  After  session  of  the  Legislature,  and  in  the  same 
this  date  extraordinary  efforts  were  made  to  manner  as  Santa  Clara  Avenue,  except  that  the 
keep  the  road  m  repair  and  maintain  its  ^^.-^  provided  that  the  road  should  be  100  feet 
beauty.  These  efforts  were  measurably  -  sue-  ^..jde  and  that  the  special  tax  should  be  levied 
cessful.  One  of  the  greatest  obstacles  m  the  ^nd  collected  by  the  trustees  of  the  town  of 
way  of  improvement  was  the  shade  cast  by  g^nta  Clara.  The  commissioners  began  work, 
the  center  row  of  trees,  and  propositions  for  i^id  out  and  opened  the  road,  but  some  of  the 
their  removal  were  made  from  time  to  time,  outside  property  owners  protested  against  pay- 
But  each  proposition  was  met  by  a  remon-  -^^^  ^i^g  ^^^  q-[^g  objection  was  that  it  was  an 
strance  from  the  people,  who  looked  upon  the  unconstitutional  assessment,  inasmuch  as  it 
gnarled  willows  as  a  link  connecting  the  past  ,,,^^5  ^^  |,g  ig^ied  and  collected  by  officers  not 
with  the  present,  and  although  many  of  the  elected  for  the  purpose.  The  ccairts  decided 
trees  had  died  and  others  were  m  advanced  ^he  objection  to  be  valid  and  the  road  went 
stages  of  decay,  they  were  retained.  Finally,  j^j^  t]-,g  hj^^ds  of  the  county  government  as  a 
in  1887,  a  proposition  was  made  to  construct  |,i,blic  highway,  and  all  improvements  were 
an  electric  railr.,ad  along  the  center  of  the  paid  for  from  the  road  fund  of  the  district.  In 
highway.  In  view  of  this  improvement  the  ..pj^e  ,-,f  ^i-,g  f^ct  that  there  was  no  special  reve- 
people  consented  to  iiart  with  the  trees,  and  in  ,^^^g^  ^i^g  hicrhwav  has  been  thoroughly  im- 
the  same  year  they  were  removed.  Since  then  proved  and  now  'it  is  one  of  the  finest  paved 
the  avenue  from  San  Jose  to  Santa  Clara  has  ,-oads  in  the  county 

been  paved  with  concrete    thu.s  f..rming  a  link  hi' early  days  there  seemed  to  be  an  impres- 

in  the  long  c(mcrete-paved  road  Irom  San  Jose  ,;,,„  that' the'best  way  to  improve  the  county 

to  San  Francisco.  roads   was    to    grant    franchises   for    toll   com- 

Santa  Clara  Avenue,  or  Alum  Rock  Avenue,  panics,   who  were  to  keep  the  roads  in  repair 

as  it  is  generally  called,  is  the  beautiful  avenue  in  consideration  of  the  jirivilege  of  collecting 

from   San  Jose  to  the  , Mum    Rock  Si)rings   m  tolls.     The  argument  used  was' that  the  people 

the   canyon   of   the    I'enetencia,    east    of   town,  wlio  used  the  roads  ought  to  ])ay  the  expense 

The   original     road    was     established     by     the  ,,f  maintaining  them.     Acting  on  this  proposi- 

l.oard  of   supervisors   in   June,    1866.      In    1872  tion,  many  such  franchises  were  granted,  some 

an  act  was  passed  by  the  Legislature  authoriz-  l,v  the  board  of  supervisors  and'  some  by  the 

ing  the  city  of  San  Jose  to  survey  and  improve  Legislature.    The  tollgate  on  the  Alameda  was 

a  road  to  be  known  as  "Santa  Clara  Avenue,"  the  outgrowth  r.f  this  idea. 

running  from   the  eastern  limits  of  the  city  to  In    1861    the   San    jose   and    .Vlviso   Turnpike 

the    city   reservation    in    the    eastern    foothills.  Company   secured    a    franchise    to    erect   gates 

The  act  provided  for  a  board  of  commissioners  and  collect  tolls  on  the  road  fr(-)ni  San  Jo'se  to 

to  be  appointed  by  the  governor,  with  power  Alviso.     In   186,^   the  franchise  was  purchased 

to   sui)erintend   the   work   (.f  construction   and  by  the  county  for  $5,000  and  the  road  declared 

select  a  tract  of  400  acres  in  the  canyon  for  a  a  public   highway.      In   1867  the   Saratoga  and 

puldic    park.      To   construct   and    improve    the  Rescadero  Turnpike  Company  received  a  fran- 


111S'L\)RV   OF   SANTA   CI.AUA   COUNTY 


■VJ 


chise  l\ir  a  toll  road  o\cr  the  ninuiitains  tnmi 
Saratnt;"a.  In  1S80  the  franchise  was  pur- 
chased by  the  county  fur  $5,000  and  the  name 
changetl  to  the  "Contjress  Sprins^s"  roatl.  Tlie 
Ciih'ov  and  A\  atsonxille  mad  ^\■as  a  toll  roa<l 
in  early  da)s,  hut  was  declared  a  puhlic  hi,L;h- 
way  in   1874. 

The  Santa  Ornz  road  fi'oni  Los  ('.atos  <iver 
the  mountains  was  a  toll  road  under  a  fran- 
chise from  the  state  up  to  1S7S,  wdien  it  \vas 
declared  a  piuMic  hii:;iiwa\'  h\-  the  hoard  of  su- 
per\dsors.  The  compan}-  resisteil  the  action 
of  the  hoard  and  attempted  to  maintain  its 
.gates.  This  caused  considerahle  excitement 
and  threatened  serious  trouble.  The  teamsters 
went  in  a  liody  and  tore  the  gate  down.  The 
company  fought  the  matter  in  the  courts  and 
lost.  The  ]iurehase  of  the  I'acheco  Pass  road 
wiped  out  the  last  toll  road  in  the  count}'. 

The  mcist  prciminent.  if  not  the  most  impu- 
lar,  highway  in  the  county  is  the  Mount  Ham- 
iltcm  road,  or  Lick  A^'enuc.  It  has  a  world- 
wide fame  for  the  reason  that  it  leads  to  the 
great  Lick  (  )l)ser^■ator^•  and  because  it  is  one 
cif  the  best  mc>untain  roads  in  the  world.  In 
September.  1875.  James  Lick  addressed  the 
iioard  of  supervisors,  saying  that  he  ^\•ould 
locate  his  observatory  on  Mount  Hamilton  if 
the  cotmty  would  construct  a  first-class  road 
to  the  summit,  and  if  the  county  had  not  sufli- 
cient  funds  on  hand  to  accomplish  the  task  he 
would  advance  the  money  and  take  the  coun- 
ty's bonds  for  the  same.  The  ]iroposition  was 
accepted  and  on  October  4,  1875.  a  preliminary 
survey  was  ordered.  The  committee  on  sur- 
^■ev  reported  that  the  construction  of  the  road. 
including  bridges,  would  costs  $43,385.  Mr. 
Lick  then  deposited  $25,000  in  the  Commercial 
&  Savings  Bank  as  a  guarant}-  that  he  would 
stand  by  his  proposition.  A.  T.  Herrmann 
was  appointed  engineer  for  the  work  and  on 
February  8,  1876,  the  contract  for  construction 
was  let  to  E.  L.  Derby.  Up  to  this  time  the 
w-ork  had  gone  on  with  great  expedition,  but 
now,  the  people  ha\-ing  had  time  to  talk  the 
matter  over,  considerable  doubt  was  expressed 
as  to  the  advisability  of  the  enterprise.  It 
was  argued  that  the  county  might  .go  to  great 
expense  in  building  the  road  and.  that  in  the 
end  Mr.  Lick  might  change  his  mind  in  regard 
to  the  location  of  the  observatory.  In  that 
event  the  county  would  have  a  very  expensive 
road  that  would  be  of  very  little  practical  use. 
The  majority  of  the  board  had  very  little 
doubt  of  Mr.  Lick's  good  faith,  but  in  order  to 
satisfy  the  popular  demand  they  arranged  mat- 
ters so  that  Mr.  Lick  deposited  a  further  sum 
of  $25,000,  subject  to  warrants  drawn  for  the 
construction  of  the  road,  and  agreed  to  take 
county  bonds  therefor,  payable  wdien  the  ob- 
servatory   was    completed    on    the    mountain. 


Wdien  this  point  was  settled  an  oppositou  was 
dcNcKiped  from  another  source.  VV.  N.  h  ur- 
long.  as  chairman  of  the  board,  refused  to  sign 
the  contract  with  IJerb)',  but  finally  consented 
under  ])rotest.  The  ])r(]test  claime<l  that  there 
was  no  authorit\'  of  law  f(ir  building  the  road 
in  this  manner,  as  the  statute  re(pured  all 
nionc)'  IcN'ied  in  -.mx  ro.id  distidct  to  be  ex- 
pended in  the  district  pa\'ing  the  same  :  that 
there  was  no  law  compelliirg  the  count}'  at 
large  to  |)ay  for  a  road,  and  that  the  county 
had  no  authority  to  enter  into  a  contract  with 
i\lr.  Lick  to  ad\';ince  the  mone\'.  The  l")oard, 
to  satisf}'  the  former  ol)jcction,  jiassed  a  reso- 
lution that  the  Legislature  would  be  asked  to 
])ass  an  act  authorizing  the  countv  to  issue 
bonds  to  the  amount  'of  $120,000,'  of  which 
$50,000  should  h<i  ap|)lied  to  the  indeljtedness 
of  the  several  road  districts  in  the  count}',  and 
the  lialance  used  to  i)ay  the  warrants  dra\vn 
for  the  construction  of  the  ])ro])osed  road. 
Thus  this  difficult}'  was  disposed  of.  There 
\\'ere  numer(}us  minor  obstacles  to  contend 
with  which  caused  much  troulde  and  vexation 
to  the  promoters  of  the  enterprise,  l)ut  they 
were  finally  disposed  of.  Up  to  May  21.  1876, 
the  sum  of  $45,115.34  had  Ijeen  ]niid  on  Derby's 
contract.  In  the  meantime  there  was  .great 
dissatisfaction  with  Derb}''s  o])erations,  and  he 
had  been  compelled  to  assign  his  contract  to 
his  bondsmen,  wdio  had  established  a  trust  for 
their  protection,  drawing  the  money  on  the 
contract  and  paying  the  contractor's  verified 
liills.  This  dissatisfaction  caused  the  board  to 
ajipoint  a  coi'nmittee  to  iuA'estigate  the  work. 
The  report  showed  grave  misconduct  by  the 
contractor.  In  September  the  contract  was  de- 
clared forfeited  and  on  CJctober  5,  1876,  the 
board  authorized  its  committee  to  go  on  'with 
the  work.  This  the  committee  did,  employing 
^lessrs.  Drinkwater  and  Swall  as  superintend- 
ents. C)n  Januar}'  9,  1877,  the  Lick  board  of 
trustees  and  the  supervisors  made  an  official  in- 
spection of  the  road,  and  afterwards  the  trus- 
tees declared  officially  that  the  work  had  been 
done  in  a  satisfactor}'  manner  and  that  the  road 
met  all  of  Mr.  Lick's  requirements.  The  in- 
spection was  a  general  holiday  throughout  the 
count's',  there  being  about  5,000  visitors  to  the 
summit  of  the  mountain  on  that  day.  On  Jan- 
uary 13,  1877,  the  road  was  declared  to  be  fully 
completed,  the  total  cost  being  $73,458.88.  Of 
this  amount  $27,339.87  was  in  outstanding  war- 
rants against  the  general  road  fund.  An  act 
was  passed  in  the  Legislature  of  1878  authoriz- 
ing the  board  of  supervisors  to  issue  bonds  to 
pav  these  warrants  and  accrued  interest,  the 
bonds  to  bear  no  interest,  and  to  be  payable 
when  the  observatory  was  ]>ractically  com- 
pleted. The  gentlemen  composing  the  board  of 
supervisors  during  the  time  the  Mount  Hamil- 


150 


HISTORY  OF   SANTA  CLARA   COUNTY 


ton  road  was  in  course  of  construction  were: 
1S~3 — W.  N.  Furlong,  chairman:  J.  M.  Battee, 
I.  W.  Boulware,  A.  Chew,  Abram'King,  H.  M. 
Leonard,  William  Paul.  1876— H.  M.  Leonard, 
chairman;  S.  F.  Ayer,  J.  M.  Battee,  A,  Chew. 
A\'.  N.  Furlong,  Abram  King,  AV.  H.  Rogers. 
1877-78 — Same  as  in  1876,  with  the  exception 
that  J.  M.  Battee  was  chairman. 

L'nder  Mexican  rule  the  transportation  of 
])assengers  was  almost  exclusivelv  on  horse- 
back. Women  and  children  would  occasionally 
take  passage  for  short  distances  in  the  rude 
carts  of  that  time,  but  journeys  generally, 
\vhether  long  or  short,  were  performed  in  the 
saddle.  As  the  foreigners  came  in  thev  adopted 
the  same  custom,  for  the  reason  there  was  no 
other  means  of  conveyance.  When  affairs  be- 
came settled  after  the  Mexican  war  and  the 
countr)-  began  to  lie  settled  by  immigrants 
from  the  states,  other  methods  of  transporta- 
tion for  passengers  and  freight  were  looked  for. 
Boats  to  ply  bet\\"een  San  Francisco  and  Alviso 
were  secured  and  connection  with  them  from 
San  Jose  was  made  with  wagons.  The  cost 
for  each  passenger  for  this  trip  was  thirty-five 
dollars. 

In  April,  1850,  Messrs.  Ackley  and  Morrison 
put  on  a  line  of  stages  to  run  through  to  San 
Francisco,  and  in  the  same  spring  John  W. 
Whisinan  put  on  a  line  to  run  to  San  ]nst;. 
Trips  were  made  tri-weekly  l.:)y  each  line,  thus 
g'i\-ing  a  daih'  stage  each  waA'.  The  fare  was 
thirt\'-two  dollars  and  the  scliedule  time  was 
nine  hours.  In  September  of  that  year  Hall  & 
Crandall  jnirchased  Whisman's  route.  The 
ro<ads  liecame  so  Ijad  in  the  winter  that  the 
stages  were  withdrawn  and  tra\el  to  San  Fran- 
cisco went  by  way  of  Alviso. 

Two  stcaml)!  lats,  the  ff  m.  Robinson  and 
A'ptc  Star,  furnished  the  \\'ater  trans]j(jrtatioii. 
This  \\'as  a  great  improvement  o\'er  the  old 
mustang  r("iute,  but  was  not  quite  satisfactory 
to  the  i^eople  of  the  pueblo.  Early  in  January, 
1851,  a  meeting  was  called  for  the  purpose  of 
taking  steps  toward  l^uilding  a  railroad  to  San 
Francisco.  The  meeting  was  largely  attended 
and  very  enthusiastic.  At  this  time  the  road  to 
Santa  Clara  along  the  Alameda  was  impass- 
able, and  t(j  reach  that  town  from  San  Jose  a 
circuit  of  about  six  miles  was  recjuired,  while 
fjassengers  to  San  Francisco  Avere  compelled  to 
work  their  passage  for  about  half  the  distance. 
Under  these  circumstances  it  is  not  surprising 
that  the  meeting  should  unanimously  declare 
in  faA'or  of  the  railroad.  Resolutions  t(j  this 
effect  were  adopted  and  books  opened  for  suIj- 
scriptions  to  the  capital  stock.  Some  subscrip- 
tions were  made  and  W.  J.  Lewis  was  ap- 
pointed to  make  the  survey  and  estimate  of 
cost.  The  survey  was  completed  in  December 
and  the  estimate  presented.     The  total  cost  to 


put  the  road  into  operation  amounted  to  $1,- 
539,126.17.  These  figures  seemed  to  have  a 
depressing  eft'ect  on  the  railroad  enthusiasm  of 
the  people,  for  no  more  was  heard  of  the  matter 
for  several  years. 

In  July,  1851,  the  stage  fare  to  San  Francisco 
was  reduced  to  ten  dollars  and  to  Monterey  to 
twenty-five  dollars.  In  March,  1852,.  Messrs. 
Reed  and  Kendall  organized  an  express  to  run 
between  San  Jose  and  San  Francisco  by  way 
of  iVlviso.  On  April  11,  1853,  the  boiler  of  the 
Jenny  Lind,  a  steamer  on  the  Alviso  route,  ex- 
ploded with  disastrous  effect.  She  had  left 
Alviso  with  150  passengers,  among  them  many  . 
prominent  citizens  of  San  Jose.  When  about 
opposite  of  wdiat  is  now  Redwood  City  the  ex- 
])li)sion  occurred,  killing  many  and  wounding 
others.  Among  those  killed  were  J.  D.  Hoppe, 
Charles  AVhite  and  Bernard  Murphy  of  San 
Jose.  This  accident  spread  a  gloom  over  the 
community.  A  jjublic  meeting  was  called  in 
San  Jose  and  resolutions  expressing  sympathy 
with  the  afflicted  were  adopted. 

In  October,  1853,  the  first  telegraph  line,  con- 
necting San  Francisco  with  San  Jose,  was  built. 
It  was  a  great  mystery  to  the  native  popula- 
tion, some  of  whom  thought  the  Americans 
had  all  turned  Catholics  and  were  erecting  in- 
nuinera1)le  crosses  as  a  testimony  of  their  faith. 
The  establishment  of  telegraphic  communica- 
tion revived  the  desire  for  a  railroad,  but  no 
effective  steps  were  taken  except  an  ordinance 
])assed  1)y  the  common  council  granting  St. 
lames  Park  for  depot  grounds.  In  1856  an  om- 
nilnis  line  was  estal:)lishetl  1)ctween  San  Jose 
and  Santa  Clara  l)y  the  Crandall  brothers,  and 
in  1857  a  weekly  express  to  Sonora  was  put  on 
1)y  W.  FI.  FIo}-.  The  growth  of  business  in 
San  Jose  and  the  de\-clopinent  of  the  surround- 
ing country  f)rought  the  railroad  question 
again  to  the  front  in  1859.  A  meeting  was  held 
in  Feljruar}-  to  discuss  the  question  of  building 
a  short  line  to  iVlviscj  to  connect  with  fast 
lioats  at  that  port.  Estimates  were  made  and 
Ijooks  were  opened,  Init  liefore  anything  was 
done  in  a  ])ractical  \vay  another  [)ro])osition 
was  made  and  the  work  oi  promotion  was  sus- 
|)ended. 

A  company-  had  Ijeen  organized  in  San  Fran- 
cisco to  Ijuild  a  railroad  to  San  Jose  Ada  San 
Mateo  and  Redwood  City.  This  company 
wanted  Santa  Clara  County  to  take  $200,000 
worth  of  the  st(_ick  of  the  enterprise.  It  was 
found  impossible  to  raise  this  amount  Ijy  in- 
di\idual  suljscriptions,  ami  in  1861  an  act  was 
secured  from  the  Legislature  authorizing  the 
count}',  through  the  lioard  of  supervisors,  to 
subscril)e  for  this  amount  of  stock,  provided 
that  the  people,  at  a  regularly  called  election, 
should  endorse  the  measure.  The  election  re- 
sulted  in  a   majority   of   722   favorable   to   the 


HISTORY   OF   SANTA    CI.ARA   COUNTY 


151 


project.  No  time  was  lost  and  on  May  23  the 
supervisors  made  the  subscription  and  ordered 
the  issuance  of  bonds  for  the  payment  of  the 
same.  These  bonds  bore  interest  at  the  rate 
of  seven  per  cent  per  annum  and  were  pay- 
able in  fifteen  years.  The  work  of  l)uildinf,^  the 
road  commenceil  immediately  and  on  January 
16,  1864,  the  road  was  completed  and  formally 
opened  with  a  grand  excursion  from  San  iM'an- 
cisco  and  way  towns  to  San  Jose.  There  was 
great  rejoicing  when  the  first  train  arri\ed. 
Flags  were  hoisted  and  everybod}-  took  a 
holiday. 

The  county  no^^•  had  a  railroad,  Init  it  also 
had  an  indebtedness  of  $200,000,  on  which  it 
was  pa}'ing  a  large  interest.  The  question  ^vas 
soon  mooted  as  to  whether  it  \\'ould  not  be 
good  policy  to  sell  the  railroad  stock  owned 
1iv  the  county  and  ap])ly  the  proceeds  toward 
paying  this  de1)t.  As  the  stock  Avas  paving  no 
di\"idends,  an  aflirmati\-e  conclusion  was  soon 
reached.  The  Legislature  was  appealed  to  and 
in  April,  1864,  an  act  Avas  passed  authorizing 
the  count}-  to  sell  the  stock  and  to  apply  the 
proceeds  to  the  redemption  of  county  bonds. 
In  November,  1864,  R.  G.  Lathrop  offered  to 
bu}-  the  stock  and  pay  $200,000  in  currenc}'. 
As  these  were  Civil  War  times,  the  currency- 
would  be  ecpiivalent  to  $170,000  in  gold.  The 
proposal,  howe\'er,  \\'as  accepted,  but  Ivathrop 
neglected  to  make  his  ofifer  good  and  that  ^vas 
an  end  of  the  transaction.  In  February,  1865, 
C.  B.  Polliemus.  Peter  Donahue  and  H.  JM. 
Newhall,  directors  of  the  railroad  compan)',  of- 
fered to  buy  the  stock  for  $200,000,  paying  in 
either  currency  or  in  the  lionds  of  the  count}' 
issued  to  pa}-  for  the  stock  when  the  counts- 
had  sul^scribed  fiir  it.  An  agreement  svas 
made,  but  having  the  default  of  Lathroj)  in 
mind,  the  suijers'isors  exacted  from  the  |)ur- 
chasers  a  bond  for  the  fulfillment  of  the  con- 
tract. As  there  was  no  compliance  with  the 
contract,  the  board  lost  patience  and  in  1867 
suit  was  instituted.  This  brought  offers  of 
compromise  and  pending  negotiations  the  suit 
was  dropped.  Nothing  came  of  the  negotia- 
tions and  1869  another  suit  was  instituted.  In 
the  interval  Polhemus  had  disposed  of  his  in- 
terest in  the  railroad.  ?vlayne,  his  successor, 
made  another  proposition — the  company  would 
pay  $100,000  in  money  for  the  stock  and  would 
extend  the  line  from  San  Jose  to  Gilro}-.  The 
proposition  was  accepted  and  its  terms  com- 
plied with.     In  1869  the  Gilroy  road  was  built. 

In  1863  the  Western  Pacific  Company  was 
constructing  that  portion  of  the  transcontinen- 
tal railroad  lying  between  Sacramento  and 
C^akland,  and  offered,  if  the  county  would  sub- 
scribe $150,000  to  its  capital  stock,  to  con- 
struct a  branch  from  Niles  to  San  Jose,  thus 
placing  the  city  on  the  through  overland  line. 


<  )n  .\pril  14,  186,\  an  act  was  passed  authoriz- 
ing the  county  to  make  this  sul.)Scrii>tion  and 
the  election  in  confirmation  resulted  in  a  fa\or- 
able  majority  of  522  votes.  The  stock  was  si4d 
to  David  Colton  for  $120,000  in  February,  1872. 
The  agents  who  negotiated  the  sale  were  paid 
$9,000,  thus  leaving  a  net  loss  to  the  county  of 
$,^9,000.  The  Western  Pacific  afterwards  be- 
came a  part  of   the   Southern   Pacific   system. 

As  the  county  to  the  north  of  San  Jose  be- 
gan to  develop  fruit  culture,  especially  straw- 
berries, blackberries,  etc.,  a  more  convenient 
and  rapid  means  of  transportation  to  San  Fran- 
cisco was  desired  l^y  the  growers.  The  two 
railroads  already  constructed  just  skirted  the 
liorder  of  this  district,  and  shippers  were  com- 
pelled to  haul  their  fruit  to  San  Jose,  Santa 
Clara  or  Rlilpitas  to  get  it  on  the  cars.  Ar- 
rived in  San  Francisco  it  had  to  be  hauled  (m 
trucks  for  a  long  distance  frrim  depot  to  mar- 
ket, and  this  bruised  and  injured  the  fruit  to 
the  great  loss  of  the  producer.  This  caused 
the  matter  of  a  narrow-gauge  railroad  to  con- 
nect with  fast  boats  at  AU'iso  to  be  re\-i\-ed. 
In  1870  a  meeting  was  held  and  subscription 
books  opened.  Strenuous  efforts  were  made  to 
get  the  stock  taken.  Chief  among  the  pnnnot- 
ers  of  the  scheme  were  John  G.  Bray,  S.  A. 
I'dshop  and  Gary  Peebels.  Pending  the  floating 
of  the  stock  a  fast  boat  was  put  on  the  line 
lietween  Alvis(3  and  San  Francisco  and  the 
fruit  growers  hauled  to  the  Alviso  wharf  in- 
stead of  shipping  by  rail.  Little  progress  with 
the  iiroject  was  made.  Finally,  in  1876,  a  new- 
company  was  formed,  called  "The  South  Pa- 
cific Coast  Railroad  Compan}-,"  Avith  .V.  E. 
Davis  as  its  president.  This  company  asked 
no  favors.  It  had  money  for  everything  it 
needed,  including  the  right-of-way.  It  built 
the  road  and  in  April,  1878,  the  first  train  came 
into  San  Jose,  and  in  May  the  road  opened  for 
business.  An  extension  of  the  line  to  Santa 
Cruz  follow-ed.  It  was  completed  after  much 
time  and  labor  spent  in  tunneling  the  moun- 
tains. The  road  did  a  prospermis  business  from 
the  start.  In  1887  it  sold  out  to  the  Southern 
Pacific  Company.  In  1886  a  narrow-gauge 
branch  from  Campbell  to  the  NeAV  Almaden 
mine  was  constructed.  Later  it  was  taken 
o\-er  and  standardized  by  the  Southern  Pacific. 
In  the  same  year  the  Southern  Pacific  built  a 
line  to  the  same  point,  connecting  with  the 
trunk  line  at  Hillsdale. 

In  1885  a  railroad  to  run  from  IMurphy's  on 
the  Southern  Pacific  line  to  Saratoga  was  pro- 
jected and  several  miles  were  constructed.  No 
further  progress  has  ever  been  made,  partly  on 
account  of  the  lack  of  money  and  partly  by 
the  construction  of  other  lines  and  by  the  elec- 
tric system  of  railways  which  reaches  every 
jx'iint  of  importance  in  the  valley. 


]5_'  llISTOkY   OF   SANTA   CLARA   COUNTY 

The  Southern  I'acific  has  greath-  extended  takes  in  Irvington.  Warm  Springs,  Milpitas 
its  lines  since  it  took  cner  the  original  railway  and  the  l>erryessa  district.  Then  it  proceeds 
from  San  [use  ti)  San  Francisco.  It  has  ex-  around  the  southerly  limits  of  San  Jose,  cuts 
tended  the  coast  line  to  Los  Angeles,  where  through  the  Willows  district  in  a  \\-esterl3'  di- 
ce mnectinn  is  made  with  the  Eastern  states,  rection  and  after  curving  toward  the  north 
thus  jdacing  San  Jose  on  two  transcontinental  ends  in  a  main  freight  terminus  at  Hush  and 
lines.  It  has  increased  its  orchard  service  bv  AA'ilson  Streets  on  the  Alameda.  Construc- 
Innlding  a  line  from  Mavfield  to  Los  Altos  and  tion  of  the  San  Jose  branch  was  started  in 
from  Los  Altos  along  the  foothill  region  to  Los  l'-''^,  was  halted  by  the  European  war  and 
Gatos  via  ^lonte  Wsta  (near  Cupertino),  Ouito  started  again  in  1920.  The  mam  passenger 
Olive  Farm  and  AYasona  Junction.  Therefore  station  is  in  East  San  Jose  and  yards  for 
the  .-.rchardists  of  the  valley  have  easy  access  switching,  storage,  round  house  facilities,  fuel 
to  railway  transportation.      '                     '  ^^'^'^    "'^ter    .su])ply    stations,    turntable,    track 

The  AVestern  l\acif^c  Railroad  Company's  scales  and  repair  tracks  are  located  on  William 
branch  from  Niles  to  San  Jose  was  completed  Street.  'Jdiere  are  several  spurs  built  for  the 
in  the  spring  of  1922.  The  main  line  extends  benefit  of  orchardists.  The  coming  of  this 
from  San  Francisco  to  Salt  Lake  Citv  and  railroad  induced  the  Remillard  Brick  Com- 
passes  through   Niles.     The   San   Jose   branch  pany  to  reopen  its  \\'orks  in  East  San  Jose. 


CHAPTER   XIV. 

The  Public  Buildings  of  the  County — Many  Locations  of  the  County  Court 
House — Changes  Made  by  the  Legislature — Futile  Attempt  to  Regain 
the  State  Capital — The  County  Hospital  and  Almshouse. 

The  count)-  buildings  toda}-  are  models  of  The  old  state  house  ha\'ing  been  f)urned.  the 
beaut\',  size  and  convenience.  The  e\'olution  court  htnise  ^\■as  removed  to  the  adobe  liuild- 
frcim  the  primiti\"e  structures  of  the  earl\-  da}-s  ing  on  I^ightston  Street,  o^^'ned  b}'  F^'rank 
is  l)oth  remarkable  and  interesting.  For  Li.ghtston,  and  the  ofTicers  again  began  to  look 
some  time  after  the  Americans  took  ])osses-  about  for  a  ])erniaiient  location.  I^evi  (iciod- 
siim  cif  affairs  the  ol<l  Juzgado  on  Alarket  rich  \\as  apjxiinted  as  architect  and  directed 
Street,  San  Jose,  "was  used  as  a  court  house.  to  jjresent  plans  and  specifications,  the  idea 
If  was  poorl_v  arranged  for  such  a  iuir])ose  being  to  rebuild  on  the  old  lot  on  Market 
and  in  1850,  better  though  tem|)orary  fpiarters  Plaza.  The  ])lans  ^\•ere  drawn  and  the  clerk 
were  secured  in  a  building  on  First  Street  o|)-  was  directed  to  call  for  l)ids,  Init  before  an)-- 
posite  Fountain  Alley.  Another  change,  to  thing  further  was  done  i\.  S.  Caldwell  oft'ered 
the  ISclla  L^nion  building,  where  the  Auzerais  to  sell  the  county  the  lot  and  building  at  the 
flouse  now  stands,  was  soon  made  and  court  southeast  corner  of  Second  and  San  Fernando 
was  held  here  until  1^51  when  the  rdd  state  Streets.  A  committee  was  appointed  and  re- 
house on  Market  I'laza  was  purchased  from  ported  that  the  building,  with  a  little  altera- 
the  city,  the  selection  ha\ing  been  made  l>y  tion,  could  be  made  suitable  for  a  court  house. 
Judge  Redman.  The  building  seems  to  ha\e  and  the  purchase  was  made.  The  i;)rice  paid 
been  looked  upon  by  the  jjeople  as  common  was  $4000.  In  December,  18.X'?,  this  building 
])ro]ierty  and  tlie\'  were  accustomed  to  hold  ^\■as  officialh'  declared  to  l>e  the  county  court 
all  sorts  of  meetings  and  entertainments  there.  house,  the  same  order  setting  a])art  the  south 
This  was  considered  1)}'  the  couiUv  gcA'ern-  room  on  the  lo\\-er  lloor  as  the  district  court 
ment  as  an  infringement  of  its  dignit_\'  and  in  room.  The  county  sold  the  state  house  t)ut- 
Juh',  1852,  the  sheriff'  was  ordered  to  "take  side  lot  to  a  Mr.  Piriggs  for  $500,  reserving  the 
charge  of  the  court  house  and  allow  no  right  to  use  the  jail  thereon  until  a  new  jail 
dances,  shows  or  balls  to  be  held  therein."  This  could  be  built.  The  county  occupied  its  ne\\' 
order  elicited  such  a  cry  of  indignation  from  fpiarters  for  si.xteen  years  ^^•hen  it  became  ne- 
the  ])eople  that  within  two  days  after  its  issu-  cessary  to  ha\'e  enlarged  accommodations.  ;\n 
ance,  it  was  modified  so  as  to  allow  the  use  of  order  was  made  offering  $100  for  the  best 
the  building  as  an  assemldy  hall  and  place  of  i)lan  for  a  new  court  house. 

amusement,  but  the  sheriff'  \\-as  instructed  to  Pending  this  matter  the  clerk  was  author- 
collect  for  such  uses  a  siifticient  amount  to  ized  to  negcitiate  with  the  San  b'se  Common 
pay  the  fees  of  a  janitor  and  watchman.  Council  for  the   temporary  use  of  the   second 


inST()R>'   OF   SANTA    C'l.ARA    Cnl'N'lA' 


13,^ 


st(ir_\'  of  tho  city  hall  mi  Market  Street  lAr  a 
court  room.  This  resulted  iu  a  two  \  ears' 
lease,  iu  returu  fur  \\'hich  the  eouuty  ya\e  the 
city  the  use  of  a  portit)U  of  the  lot  at  the  cor- 
uer  of  San  lu-rnaudo  and  Second  Streets.  The 
exehantre  was  effected  in  .Vu^ust,  1860.  In 
the  latter  part  of  this  year  Levi  ('■nodrich  |)re- 
sented  i^lans  for  a  ne\\-  Imilding.  The  jdans 
were  adopted  and  he  recei\ed  the  ]iremiuni  of 
$100  ottered  therefor.  in  March,  1861,  the 
board  of  supervisors  asked  lion.  A.  L.  Rhodes, 
state  senator,  to  procure  the  passage  of  an 
act  by  the  Legislature  authorizing  the  county 
to  issue  1)nnds  to  jtav  for  the  building.  They 
also  directed  I\lr.  Goodrich  to  prej^are  work- 
ing" drawings. 

The  lease  of  the  city  hall  expired  in  186^. 
At  that  time  ]Martin  Murphy  was  finishing  his 
1)rick  building  on  ]\larket  Street — the  pni- 
pert\'  now  mainU'  occupied  hv  Hart's  depart- 
ment store.  He  offered  to  rent  to  the  county 
the  ujiper  floor  of  these  buildings  for  $1^'0  per 
month  and  finish  them  m  a  manner  suitalile 
for  use  as  county  offices,  the  large  hall  at  the 
corner  of  ^Market  and  El  Dorado  Streets  to  lie 
used  as  a  court  room.  The  count;.-  acce])ted 
the  offer  and  took  a  five  years'  lease,  A\ith  the 
prixilege  of  renewal.  This  was  the  last  loca- 
tion of  the  court  house  prior  to  the  construc- 
tion of  the  present  liuilding. 

Two  vears  elapsed  before  anything  was 
done  toward  the  erection  of  a  new  court 
house.  During  that  time  there  grew  up  a  sen- 
timent that  the  old  lot  at  the  corner  of  Second 
and  San  Fernando  Streets  was  not  a  suitable 
location  and  the  supervisors  were  urged  to 
purchase  another  lot.  There  was  some  oppo- 
sition to  this  suggestion  and  heated  debates 
were  held  over  it  at  the  Ijoard  meetings.  Two 
of  the  supervisors,  ?\Iessrs.  (Juinby  and  Yates, 
were  opposed  to  buying  another  lot  and  wdien 
a  resolution  to  change  the  location  was  adopt- 
ed, voted  in  the  negative.  Among  the  sites 
offered  to  the  board  was  the  one  now  occu- 
pied by  the  court  house.  It  \vas  owned  by  AV. 
H.  Hall,  wdio  offered  to  sell  it  to  the  county 
for  $5000.  The  title  having  been  found  valid, 
the  purchase  was  consummated.  The  original 
tract  was  137j/  feet  front  on  First  Street  by 
275  feet  deep.  Afterward  more  frontage  was 
purchased. 

Work  on  the  court  house  was  pushed  as 
rapidly  as  possible  and  on  January  1,  1868,  the 
county  officers  took  possession.  Originall}' 
there  was  but  one  court  room,  the  ceiling-  of 
wdiich  extended  to  the  roof.  In  1879  a  floor 
was  laid,  cutting  this  apartment  into  two 
rooms  as  they  now  are.  Another  room,  which 
had  been  used  for  a  county  office,  was  made 
over  into  a  third  court  room,  the  new  consti- 
tution, just  adopted,  having  provided  for  three 


Su]ierior  C'ourts  for  Santa  Clara  County.  The 
cost  of  the  building  was  about  $200  000.'  Wdien 
coni])]eted  it  was  the  finest  court  house  in 
California.  It  is  of  the  Roman-Corinthian  or- 
der of  architecture  and  overlociks  vSt.  |ames 
Park,  whose  luxuriance  lends  ])leasure  to  the 
eye.  Its  foun<lation  is  of  the  utmost  dural)il- 
ity,  the  walls  resting  on  a  substructure  (jf  con- 
crete to  a  dei)lli  of  six  feet  and  of  a  like  num- 
l)er  of  feet  in  thickness.  Ponderous  brick 
arches  support  the  lo\ver  floor,  Avhile  all  the 
walls  are  of  the  same  material,  the  basement 
ones  Ix-ing  four  feet  in  thickness  and  the 
u])per  ones  twentv-one  inches.  Aboxe  the 
liasement  the  building  has  two  stories  and  its 
dimensicnis  are  in  frontage,  100  feet;  in  depth, 
including  the  portico,  140  feet.  The  height  t(j 
the  cornices  fifty-six  feet,  and  it  is  150  feet 
to  the  top  of  the  dome,  the  least  diameter  of 
w  hich  is  seventeen  and  the  greatest  fifty  feet. 
Its  portico,  a  magnificent  specimen  of  eolumn- 
ated  facade,  showing  in  its  fine  proportions, 
richness,  strength  and  lieauty.  is  se\'enty-si.\; 
feet  in  length,  the  height  of  the  columns  Ix-- 
ing  thirt\-eig'ht  and  the  diameter  four  feet. 
The  windows,  wdiich  are  of  the  finest  French 
plate  glass,  are  each  surmounted  with  pedi- 
ments, those  on  the  lower  story  being  arched. 
Each  window  frame  is  made  of  highly  orna- 
mented cast  iron,  the  wdnole  weighing,  with 
iron  shutters,  about  ,^600  pounds.  The  roof  is 
covered  with  zinc.  The  tower,  from  which  a 
magnificent  view  of  the  city  and  valley  can 
be  obtained,  finds  light  from  eleven  elliptical 
windows,  surmounted  with  an  iron  railing 
forty-two  inches  in  height,  and  is  reached  by 
a  staircase  with  172  steps.  There  are  three 
landings,  so  as  to-  make  the  ascent  compara- 
ti\ely  easy.  This  noble  structure  is  di^•ided 
into  rooms,  one  fitted  up  for  the  board  of  sup- 
er\'isors  and  the  remainder  ai)portii>ned  to 
those  of  the  county  officers  wht)  do  not  ha\'e 
rooms  in  the  Hall  of  Records  building  adjoin- 
ing on  the  north.  The  courts  are  finely  ap- 
pointed, that  of  Department  1  being  of  noble 
proportions,  sixty-fi^'e  by  forty-eight  feet. 
The  entire  exterior  of  the  structure  is  of  imi- 
tation stone.  The  main  entrance  is  gained 
liy  an  ascent  of  thirteen  granite  steps,  and 
here,  high  overhead,  stands  out  in  bold  relief 
the  motto,  ','Justicia  Dedicata." 

No  sooner  was  this  splendid  building  com- 
pleted than  an  overpowering  sense  of  magni- 
ficence seized  upon  the  board  of  supervisors, 
for  they  made  strenuous  efforts  to  make  their 
court  house  the  headcpiarters  of  the  State  Leg- 
islature, the  removal  of  which  from  Sacra- 
mento to  some  more  central  position  then  be- 
ing seriously  considered.  What  more  natural 
than  that  the  first  capital  of  the  state  shoidd 
try  to  regain  its  lost  honors.     (Jn  February  4, 


154  HISTORY   OF   SANTA   CLARA   COUNTY 

1868,    the    minutes    of    the    l.)()ard    shuwed    the  connections.     The  inner  face  of  all  the  walls 

following ;  are  whitewashed. 

"Resolved,  That  in  the  event  of  the  General  The   Hall   of  Records,   adjoining   the   Court 

.Vssemhly  of  the  State  of  California  determin-  House  at  the  north  and  connected  with  it  by 

ing  to  remo\e  the  State  Capital  to  the  Countv  a   wide  covered   corridor  was   erected  in   1892 

of   Santa   Clara,   the    lioard   of   Supervisors   c,i  ^it  a  cost  of  $200,000.    The  overcrowded  con- 

the  said  Countv  of  Santa  Clara  tender  to  the  dition  of  the  Court  House  rendered  the  addi- 

state,    the    free'  and    entire    use    of    the    Court  tion   necessary.      It   is    two    stories    in   height. 

House  of  said  Countv  for  state  purposes,  un-  ''"t  is  solidly  built  of  granite  on  lines  snnilar 

til   such   time   as   a    Capitol   building   mav   be  t"  that  of  the  Court  House.     It  is  used  for  of- 

erected    in    said    County,    provided"  that'  the  fi^'es    of    the    county    clerk,    county    treasurer, 

Capitol  building  shall  lie  erected  in  five  vears  "  county   auditor,    county    surveyor,    county   re- 

The   next   dav   another   motion,    as   follows,  c-.rder,  county  superintendent  ot_^schools  and 

was  carried:     ■'Resolved,  That  the   Honoralde  ^'"^"ta   Clara   County  charit.es.      The   bu.ldmg 

the  Members  of  the  Legislature  an<l  attaches  ^^•''^■^  occupied  m  January,  189o. 

thereof,  one  and  all,  are  herebv  invited  to  in-  'T'he  Hall  of  Justice  is  located  on  the  south- 

spect  for  themselves  its  eligibil'itv  as  a  seat  of  <^a-'^t  corner  of  .Market  and   St.   James   streets, 

government  for  this   state,"  prior'  to  anv   final  ''-"^ck  of  the  Hall  of  Records.     It  was  ready  for 

action  touching  that  subject  matter;  and  the  occupancy  when   the   earthquake   of  April    18, 

hospitalities    of    the    citv    and    countv    will    lie  1906   wrecked    it.      The   material    used    m    the 

cordially    extended    to   'them."      These    orders  construction      was      stone      from      Goodrich's 

were  re'scinded    June   1  ,t    1872  (piarrv,    near    San    lose,    and    the    earthquake 

A   new  countv  jail  was  l,uilt  in  tlie  rear  of  I"'.";'"!  ^hat  it  was  not  of  sufficient  stabilit.v  to 

theConrt  House   m   1871.     The  plans  of   Levi  "'thstand    the    shock.      In    the    reconstruction 

Goodrich  for  a  brick  structure  were  adopted.  --stronger   material   was   used   and   m    1908   the 

The  cost  was  aliout  $60,000.     The  mam  prison,  "ork  was   completed.      The  building  is  occu- 

120x42  feet  an.l  21  feet  high,  is  built  on  a  solid  b'^'l  ^y  the  countv  assessor,   county   tax   col- 

,     ■   ,      ,-          ,    ,-             -^1               -i            4.        ^11  lector,    horticultural   commissioner,    countv    li- 

lirick    loundation    witli    o'ranite    water    tallies.  ,                    ,     ,.           ,„         .      ^.          ,   ^, 

/|M            ,,              lo   ■      1         ii  ■  1        t  1    ■  ,        -ii  i)rar^',   probation   office,    lustice    ot    the    peace, 


iiistables  and  house  of  detention. 


'idle  walls  are  18  inches  thick,  of  brick  with 
four-inch  iron  liars  running  through  the  cen- 
ter, four  and  a  half  inches  apart  and  riveted  ''''i^'  ^^st  organized  eff.irt  to  care  for  the  in- 
firmly together,  extending  around  the  entire  digent  sick  was  made  m  1854,  when  a  com- 
building.'  Through  the  central  part  of  the  mittee  from  the  common  council  met  a  com- 
building  are  two"  rows  of  cells,  which  are  mittee  from  the  board  of  sujjervisors  and 
built  in  the  same  sulistantial  manner  as  the  agreed  to  act  m  concert  m  the  matter.  By 
main  walls,  being  covered  overhead  with  tlie  terms  of  this  agreement  the  county  was 
solid  arches  of  heavv  iron  work  an<l  masonrv.  to  bear  two-thirds  of  the  expense  an.l  the  city 
A  large  corridor  extends  completelv  around  one-third.  All  affairs  concerning  indigent  sick 
these  cells  and  a  commodious  pa.ssage  be-  "■^'''e  to  be  managed  l)y  a  joint  committee 
tween  them.  Adj(.ming  the  rows  of  cells,  composed  of  each  lioard.  The  council,  h<iw- 
but  shut  off  from  them  bv  a  heavv  wall  is  t-ver,  refused  to  confirm  the  action  of  its  com- 
what  is  called  the  "murderers'  tanks."  They  mittee,  alleging  that  they  were  able  to  take 
are  two  m  number  \vith  a  corridor  around  ^'''ire  of  their  indigent  sick.  (Jn  this  the  su- 
them.  The  entire  roof  of  the  jail  is  of  solid  pervisors  a]. pointed  George  Peck,  R.  G. 
sheet  ir(m,  strongly  anchored  dt.wn  to  the  -Moody  and  M  illiam  Daniels  as  a  relief  com- 
substantial  wall  with  massive  couplings.  On  mittee  or  board  of  health.  During  this  year 
too  of  the  plate  of  the  roof  is  a  laver  .^f  lirick,  the  county  received  $869.4o  as  its  share  of  the 
finished    over    with    asphaltum.      'The    jailer's  ^tate  relief  fund. 

apartment  adjoins  the  main  building  on  the  '''lie  next  year,  1855,  a  county  physician 
front  and  is  fortv-two  feet  square  and  three  ^^'=^^  appointed  and  the  city  agreed  to  ])ay  $50 
stories  high,  with  <,rnainented  fronts  on  the  1'^'''  '"""th  towar.ls  maintenance  and  me.lical 
south  and  east.  This  section  also  contains  attendance.  About  the  same  time  the  old 
kitchen,  store  room,  office  and  the  heating  '^f^'>'  Pi-'.'P^'rty  ^vas  rente.l  tor  a  hospital  the 
rr^,  ,  )  .1  ■  1  i  •  cit\-  i")a\-ini;-  a  monthh^  rent  of  tort\-  dollars, 
system.  The  second  and  thirfl  stones  are  ,  ■^,'  -  ,  ,■  ^i  '  ^i  '  ,.  i 
•^  .  ,  ,  .  ,  ,  fill  1,  1  ln-i\ovember  ol  the  same  \-ear  the  county  ad- 
divided  into  large  an<  cointor  able  cells,  and  ,,,.,^,,^,1  f,,,  pro,.osals  for  a  h,,use  and  lot  for 
it  IS  m  this  part  of  the  jail  that  the  women  ii,,sp,tal  ]nirposes.  In  respomse  to  this  call 
jjrisoners  are  confined.  1  he  whole  prison  is  the  Alerntt  brothers  ofl-'ered  to  sell  the  old 
well-lighted  by  ample  windows  and  skylights,  Sutter  house  for  $5,500.  This  house  was  situ- 
well  secured.  The  cells  are  furnished  with  ated  to  the  northeast  of  the  city  and  to  it  was 
cast  iron  sinks  and  water  closets   with  sewer  attached  twenty-five  acres  of  ground,     'idie  of- 


HISTORY   OF   SANTA   CI.ARA   COUN'I'Y  155 

tor  was  accepted  and  the  Cdunty  occupied  the  ino-  a(l<htiiiiis  and  improvements  have  been 
premises  until  Kehruary,  1S56,  when  the  own-  made.  The  a\eratje  numher  of  patients  (hir- 
ers fadino-  to  make  a  o,,od  deed  to  the  prop-  ino-  l«)p)  was  about  200.  The  main  hospital 
erty,  the  contract  for  the  ])urchase  was  re-  has  five  wards  and  is  rejdete  with  every  sani- 
scinded.  The  county  then  advertised  for  pro-  t;iry  requirement.  Outside  are  the  tubercu- 
posals  for  takino-  eare  of  the  indif,>-ent  sick.  losis  hospital.  Old  Ladies'  Home,  with  thirtv- 
The  lirst  contract  was  let  to  Dr.  G.  I!.  Crane,  seven  inmates;  Old  Men's  Home,  isolati()n 
who  ao-reed  to  maintain  the  patients  and  fur-  hospital,  and  ])est  house,  and  residences  for 
msh  medical  and  surgical  attendance  for  the  eighteen  nurses  and  the  superintendent, 
$4,(S00  per  year,  the  nundier  of  patients  not  to  Pr.  13.  R.  AA'ilson.  Edward  Halsey  is  the  sec- 
lie  more  than  se\-en  a  day,  or  if  in  excess  of  retary. 

that  number,  to  be  paid  at  that  rate.  For  sev-  Up  to  1883  there  was  no  almshouse  in 
eral  years  the  patients  were  taken  eare  of  m  Santa  Clara  County.  Invalids  in  destitute 
this  manner.  circumstances  were  cared  for  at  the  county 
In  1860  the  necessity  for  a  hospital  liuildin,^^  liospital,  while  the  indigent  who  were  not  in- 
liecame  very  apparent  and  a  committee  to  se-  valids  were  cared  for  by  allowances  by  the 
leet  a  site  was  appointed.  Many  offers  were  board  of  supervisors.  These  allowances  were 
made  but  the  proposal  of  lliram  Cahill  was  of  money,  provisions,  clothing,  fuel,  etc.,  as 
accepted.  His  tract  contained  twehe  acres  of  each  case  might  demand.  Fctr  many  years  the 
land,  situated  on  the  south  side  of  South  Street,  destitute  children  were  cared  for  b^-  the  La- 
just  west  of  Los  Gatos  Creek.  The  jirice  paid  dies'  ].^)enevolent  Society,  this  society  recei\-- 
was  $4,000.  The  buildings  on  the  tract  \vere  re-  ing  from  the  board  a  monthly  allowance  of  a 
paired  and  enlargetl  and  a  pest  hmise  was  built  certain  amount  per  capita.  Each  super\'isor 
near  the  creek  on  the  south.  These  premises  exercised  a  su])erA-ision  o\'er  the  destitute  of 
were  occupied  until  1871.  Before  this  time,  in  his  district  and  all  allowances  were  made  on 
1868,  the  hospital  became  tot)  small  to  accom-  his  recommendation. 

modate  all  the  patients.  The  city  had  gro\^•n  The    expense    necessaril)-    incurred    by    this 

much   larger  and   there   Avas   considerable   o1)-  s}'stem   of   affording  relief   began    to   be   very 

jection   to    the    location    of    the    institution   sn  burdensome  and  in   1883  steps  were  taken  to 

near  the  city  limits.     An  effort  \\as  made  to  establish   a   county   farm.      In   March   of   that 

secure  another  location,  but  it  Avas  three  years  A-ear  a   committee   was   appointed   to   examine 

liefore    a    new    site    was    chosen.      The    board  the  matter  and  the  report  was  in  favor  of  es- 

hnally  purchased  of  John  S.  Conncir  114  acres  taldishing  an  almshouse.     The  present  site — 

of   land    on   one   of   the   roads    to    Los    Gatos,  on   the    Oakland    road,    half   a    mile    south    of 

three  and  one-half  miles  from  San  Jose.    The  Alilpitas — \vas   selected.    A  tract  of   100  acres 

price  paid  was  $12,400.     In   1875  the  contract  Avas  purchased  from  James  VjOjA  for  $25,000. 

for  the  building  was  awarded  to  A\'.  (_).  MreA'-  The  tract  contained  the  present  main  liuilding, 

fogle  for  $14,633.70.  Messrs.     Lenzen  and  (lash  wdiich  had  been  erected  as  a  residence   some 

were    the    architects.      Before    this,     the    old  ^-ears  before  by  John  O'Toole  at  an  expense 

luiildings  from  the  old  grounds  had  been  re-  of  $21,000.      Now   nearly   all   aid    to   destitute 

moved  to   the  r\Q\\-  site  and   the  old  premises  jiersons   is   extended   through   this   institution, 

cut   up   into   lots   and   sold   for   $4,518.64.      In  Persons   not  residents  of  the   county   are   not 

1884  eight)'-one  acres   of  the   new   tract   were  aided  at  all,  but  are  returned  to  the  counties 

Sold   to   different   parties,   leaving   thirty-three  Axdrere   the_v   belong.      For   several   years   indi- 

acres  to  the  present  grounds.     Afterward  more  gent  women  were  cared  for  here,  but  wdien  an 

land   was  bought   so  that  now  the   tract  con-  <  )ld  Ladies' Home  was  built  at  the  county  hos- 

tains    thirty-eight    and    one-half    acres.      The  pital  thev  were  removed  to  the  new  location, 

money  accruing  from  the  1884  sales  amounted  The  superintendent  is   James  Carson  and  the 

to  $14,727.71,   being   $2,327.71    more   than   the  number  of  patients  (1920)   is  198.    Those  who 

cost  of  the  entire  tract.     Since  the  removal  of  are    able    to    w^ork    are    emplo3'ed    about    the 

the  hospital  to  its  present  location  many  build-  grounds,  mainly  in  gardening. 


CHAPTER   XV. 

The  Resources  and  Attractions  of  San  Jose,  the  Garden  Cty  of  CaHfornia — 
Soil,  Climate,  Productions  and  Opportunity — What  a  Man  From  the 
East  Learned  From  an  Old  Resident. 

"San   Jose?   In   CalitVirnia?    Xever   heard   of  lation  of  800  or   1,000 — will   hardly  afford   tlie 

tlie  place.    Must  l:ie  some  old  Spanish  village,  facilities  wlTicl:  are  essential  to  the  well-lieing 

eh?    Pnelilo — that's  it,  ]")iie1ilo.    r\-e  read  Span-  of  m}'  family." 

!sh    history    and    when    I    was    a    youngster    I  "l^gt  me  tell  vou  something  aliout  San   lose 

had  a  lot  of  Spanish  lingo  at  my  tongue's  end.  and   its   environs.     Perhaps   I    mav   be   al^le   to 

I  ^never    heard^  of    but    one    San    Jose    on    the  furnish   facts   that   will   suit   all    your   require- 

Western   Continent   and    that   is    J-^an    Jose    de  ments." 

Costa   Rica.     Perhaps   y,,u   were   not   referring  ..j  ^^,^^^,1  ,,g  pleased  to  hear  vou,"    The  man 

to  California  and  vour   San  Jose  is   the  Costa  f,.,,,,,    ^^^^    j^^^^^   l,o-hted    a    cigar,    then    sinking 

Rican  city.    No?   Then  where  is  .vour  San  Jose  j„  ,^j^  ^.j^^^jj.  ^y^;^^,i  f^^  the  promised  expo.sition, 

and  what  d,,  they  raise  there,  coiTee  or  pump-  ■■y,,^,  ^p^^j^.^  ^-,f  Spanish  villages,"  began  the 

old   resident,"  and   that  reminds   me   that   San 

The  speaker  was  a  man  from  the  Kast,  who  Jose    was    once    a    Spanish    pueblo,    where    all 

had   C(nne   to   California   in   search   of   a   home  the  houses  were  of  adol)e,   where   the  seat  of 

and  also  a   field  for  the  profitable   investment  education  and  religious  enlightenment  was  in 

of  tlie  money  lie  had  saved  after  years  of  toil  the  Mission  and  where  wild  cattle  roamed  the 

in    the    cold,    cheerless    communities    of    New  valley  and  a  tJola-  jar  nientc  ])cople  lived  lives 

England.    The  scene  was  the  reading  room  of  of   ease   and    dreamed    not   of    the    time    when 

one  of  San  Francisco's  palatial  hotels  and  the  fair  and   stateh'   homes   should    dot   the   lands 

person   addressed  was  an  old  resident  of   San  .riven  over  to  the  chapparal  and  the  wild  mus- 

Jose,   who   had   been   introduced    t.i    the    East-  tard,  and  the  busy  hum  of  industr_v  indicative 

erner    by   a    mutual    friend.  of  an  advanced  civilization  should  be  heard  in 

"San   Jose  is  of  right  the  fourth  city  in  the  ]"ilaces  where  happy  feet  kept  time  to  the  se- 

state  and   is   located   in   the  heart  of  the  rich-  ducti^•e  strains  of  the  Spanisli  guitar,  or  where 

est    valley    in    the    A\'orlfl  :    distance    from    San  the   matador  and   j^icador  imperiled   their   li\'es 

Francisco,   forty-eight  miles.    It  is — "  f<ir  lo\'e  or  ,gold,    San  Jose  \vas  settled  in  17R7 

"Hold    on,    hold    on,"    was    the    quick    inter-  as   the   result   of   an    exploration   made   at    the 

ruption.    "Let   me   get  my   breath — you   cjuite  instance    of    the    Spanish    authorities    in    1769. 

took  it  away  by  your  surprising  announcement.  Until    1830  no   Americans   had    ever   penetrat- 

I    am  a   tenderfoot,   it   is   true,    but    I    thought  ed  California.    In  that  year  they  began  to  ar- 

I    had   California   sized   u])   prett}-   well   before  ri\'e   so  that  when  the   discovery  of  gold  was 

1   Ixaight  111}-  ticket  in  Ijoston.    1   knew  there  made   San  Jose  was  practically   dominated  bv 

were    a    large    number   of    towns    and    ^■illages  the  American  population.    In   February,   1848, 

where    they    dig   for   gold,   Init    I    had    formed  the   United  vStates,  by  treat\-,  acquired  title  to 

the  idea  that  the  only  two  cities  worth   men-  California    and    the    first    Legislature    held    its 

tioning  were  .San  Francisco  and  Los  Angeles,  first    session   in    .San    lose,    \vhich    for   a    short 

As    San    PTancisco    is   hardly   the    place    for   a  time  was   the  capital   of  the   state.     Had  ,gen- 

hciiue,  I  had  concluded  to  go  to  Los  ,-Vngeles."  eral  and   not  sectional  interests   been   consult- 

"Ha\'e  you  bought  }()ur  ticket?"    "No,"  was  ed,   it   would   be   the   capital    today;   1nit   liy   a 

the    reply.     "Then    before    you    do    so    let    me  series  of  bargains,  governed  solely  by  selfish 

suggest  that  you  take  a  trip  to  San  Jose,    ^'ou  considerations,   the   capital   was   removed   first 

are    looking    for    a   place    suitable    for    a    resi-  to  one  point  and  then  another  until  it  reached 

dence.     San   Jose  offers   the   best   inducements  Sacramento    to    staA',     In    184^ — the    year    the 

of   an}'   community   in    the    state   of   California.  Argonauts  came  from  all  ]>arts  of  the  world — 

^'ou   have   money   to    iiu'est — in\'est   it   in    the  San    Jose,    as    now,    was    the    paradise    of    the 

Santa  Clara  Valley,"  homeseeker,  its  location,  climate  and  other  at- 

"But  I  am  very  particular,  I  ha\e  a  family,  tractions  combining  to  make  it  the  most  fa- 
children  not  yet  grown  up.  There  are  many  vored  city  in  the  state.  Seekers  for  the  gold, 
things  to  be  considered  and  I  am  afraid,  my  which  was  to  be  found  in  the  mountainous 
good  friend  that  a  country  town  or  city —  counties  to  the  north  and  east  left  their  fami- 
for  I  have  heard  that  out  here  in  the  West  a  lies  in  San  Jose,  well  knowing  that  wdiile  they 
town  becomes  a  city  when  it  can  show  a  popu-  delved   for   the  yellow   metal   their   loved  ones 


HISTORN'    OF   SANTA    CI.ARA   COLJN'I'Y 


157 


were  surri)utule(l  h_\'  all  the  cnntlitinns  calcu- 
lated to  make  life  wiirth  li\in>;-.  And  if  life 
were  worth  livint;-  in  San  J  use  and  the  Santa 
Clara  A'alle}'  in  184*:^  wdiat  nuist  lie  said  of 
the  advantages  wliich  it  possesses  today?  Then 
the  valley,  outside  of  the  puehlo,  was  practic- 
ally an  unhrt)ken  plain  where  the  wild  cattle 
roamed  at  will.  Today  is  presented  a  trans- 
formation that  would  hardly  he  looked  for  out- 
side of  an  Arabian  romance.  The  late  Judge 
Belden,  in  a  graphic  and  lieautifully  worded 
picture  of  the  ^•alley  in  the  vicinity  of  San 
Jose,  thus  set  forth  some  of  the  attractions; 

"  'To  the  A'isitor  approaching  San  Jose, 
through  the  upper  end  of  the  Santa  Clara  Val- 
ley, each  mile  traversed  ushers  in  some  de- 
lightful surprise,  introduces  a  new  climate.  If 
his  advent  be  from  the  north,  the  hills  of  ver- 
dure wdiich  encircle  the  bay  recede  on  either 
hand  and  assume  a  softer  contour  and  a  rich- 
er garb.  The  narrow  roadway  that  skirts  the 
salt  marsh  has  widened  to  a  broad  and  fer- 
tile valley  that  stretches  as  far  as  the  eye  can 
reach  in  luxuriant  fields  of  grass  and  grain  and 
miles  upon  miles  of  thrifty  orchards.  Border- 
ing this  verdant  plain,  in  hues  and  splendors 
all  their  own,  come  the  hills  and  into  the  re- 
cesses of  these  hills  creep  the  little  valleys 
and  as  they  steal  away  hi  their  festal  robes 
they  whisper  of  beauties  beyond  and  as  yet 
unseen.  In  full  keeping  with  the  transformed 
landscape  is  the  change  of  climate.  The  harsh, 
chill  winds  that  pour  in  through  the  Golden 
Gate,  and  sweep  over  the  peninsula,  have  abat- 
ed their  rough  work  as  they  spread  over 
the  valley,  and,  softened  as  they  mingle  with 
the  currents  of  the  south,  met  as  a  zephyr  in 
the   widening  plain. 

"  'If  the  approach  to  San  Jose  be  from  the 
south,  the  traveler,  wearied  with  the  desert 
and  its  hot,  dry  air,  is  conscious  of  a  sud- 
den change.  The  sterile  desert  has  become 
a  fruitful  plain  and  the  air  that  comes  as  balm 
to  the  parched  lungs  is  cool  and  soft  and 
moist  with  the  tempered  lireath  of  the  sea. 
If  it  be  spring  or  early  summer,  miles  upon 
mile  stretches  the  verdant  plain ;  over  it 
troops  sunshine  and  shadow  ;  across  it  ripples 
the  waves.  Summer  but  changes  the  hue  and 
heaps  the  plains  Avith  abundant  harvest  of 
grain,  vegetables  and  fruit,  while  the  first  rain 
brings  again  the  verdure  and  the  beauty  of 
spring.  "An  ocean  of  beauty,"  exclaims  the 
charmed  beholder.'  " 

"From  that  very  pretty  description  I  infer 
that  your  climate  is  not  to  he  sneezed  at." 

"We  are  proud  of  our  climate,"  replied  the 
old  resident,  "and  with  reason.  There  are  all 
sorts  of  climate  in  California  but  it  is  general- 
ly conceded  by  those  who  have  traveled  the 
state   over   and   are   not   afraid    to    express   an 


honest  opinion,  tliat  the  climate  of  San  Jose 
and  the  Sant;i  Clara  Valley  is  unsurj)assed  in 
mildness  and  sahibrity.  It  is  all  owing  to 
topographical  situation.  With  moderately  high 
mountains  rising  on  the  east  and  west  and 
closing  in  on  the  south,  the  valley  is  pro- 
tected from  the  fog  and  winds  that  in  cer- 
tain seasons  envelop  more  exposed  sections 
in  less  faNored  locations.  Protected  from  ex- 
tremes of  heat  and  cold  by  the  sheltering  arms 
<if  the  mountains,  the  hottest  days  of  summer 
are  never  oppressive  on  account  of  the  cool 
breezes  that  sweep  in  from  the  bay.  Climat- 
ically considered,  San  Jose  and  the  Santa  Clara 
Valley  is  open  to  no  objection." 

"Your  climate  I  admit  is  all  right,  but  what 
about  resources?" 

"The  valley  is  one  of  varied  resources  and 
San  Jose,  as  the  county  seat,  enjoys  the  major 
part  of  the  benefit  derived  from  the  orchards, 
grain  fields  and  berry  and  vegetable  sections. 
The  shipping  facilities  are  unexcelled.  In  the 
first  place  San  Jose  is  the  terminal  point  and 
therefore  growers  are  not  compelled  to  send 
their  products  to  a  great  distance  at  local 
rates  in  order  to  reap  the  benefits  that  always 
accrue  by  reason  of  the  rates  ofl^ered  at  ter- 
minal points." 

The  man  from  the  East  was  becoming  vastly 
interested.  His  cigar  had  gone  out  and  his 
eyes  w^ere  fixed  intently  on  the  face  of  the  old 
resident.  "What  kinds  of  fruit  do  you  raise?" 
as  asked,  and  on  the  moment  out  came  his 
notebook. 

"Prunes,  apricots,  cherries,  pears,  apples, 
peaches,  quinces,  olives,  nectarines,  plums, 
limes,  lemons  and  oranges."  "Oranges?"  "Yes, 
oranges  in  the  section  we  call  the  warm  belt, 
l)ut  our  prunes,  apricots  and  peaches  give  such 
lietter  returns  that  we  do  not  count  on  citrus 
fruits,  leaving  that  line  to  the  southern  coun- 
ties. Prunes  take  the  lead  and  San  Jose  han- 
dles about  all  of  them.  There  are  twenty-three 
packing  houses  and  twenty-four  canneries  in 
San  Jose  alone  :  outside  there  are  fifteen  pack- 
ing houses  and  about  the  same  number  of 
canneries.  The  number  in  city  and  country 
will   increase   I)efore   the  year  is   out. 

"Gee  Whiz!"  ejaculated  the  man  from  the 
East,  "San  Jose  must  handle  hundreds  of  tons 
of  fruit  each  year." 

"Hundreds  of  tons?  Thousands  of  tons 
would  hit  the  mark.  In  the  shipment  of  dried 
fruit  San  Jose's  contribution  is  about  half  of 
that  of  the  whole  state." 

"How  about  marketing?"  was  the  next  in- 
quir}'  as  the  Inisiness  sense  of  the  man  from 
the  East  came  to  the  fore. 

'AVe  are  e.xceptionallv  fa\-ored,"  was  the  re- 
pl\-,  "in  haA'ing  an  organization  allied  with  the 
packers  which  controls  more  than  eighty  per- 


158 


HISTORY  OF   SANTA   CLARA   COUNTY 


cent  of  the  prune  and  apricot  output  of  the 
entire  state.  It  is  called  'The  California  Prune 
and  A])ricot  Growers,  Inc.'  It  came  into  ex- 
istence in  1916  and  its  growth  has  been  such 
that  it  now  owns  forty  packing  houses,  has 
alliances  with  man)-  packers  and  costly  ex- 
tensions and  impro\'ements  have  been  mapped 
out  for  the  near  future.  By  the  rules  which 
govern  its  conduct  it  is  able  to  prevent 
troublesome  fluctuations  and  the  expensive  in- 
terventions of  middlemen  and  bring  security 
and  good  prices  to  the  orchardists.  It  is  a 
coml^ine  in  which  the  interests  of  producer, 
liuyer  and  consumer  are  equital^ly  adjusted." 

"That's  good.  I  like  that.  And  now  another 
question.  What  are  fruit  lands  in  the  vicinity 
of  San  Jose  worth?" 

"On  account  of  the  large  profits,  prices  have 
gone  up  during  the  past  ten  )-ears.  Suitable 
lands  with  bearing  trees  sell  all  the  way  from 
$800  to  $1500  per  acre.  On  some  of  these  lands, 
planted  to  prunes  and  apricots,  the  profits  per 
acre,  in  1919,  ranged  from  $500  to  $1,000.  So  ' 
you  see  the  prices  are  not  high  when  profits 
are  considered.  ,-\s  an  instance  of  money  I 
^vill  cite  one  case.  A  San  Franciscan  in  the 
spring  of  1919  bought  a  twentv-acre  bearing 
prune  orchard  for  '$,TO,000.  Tlie  fall  of  that 
}-ear  bniught  him  a  profit  of  $15,000  on  his 
fruit.  So  you  see  half  the  A'alue  of  his  prop- 
erty was  paid  for  in  one  year." 

The  man  from  tlie  East  looked  at  his  \vatch. 
"t  find  I  lia\'e  >'et  more  than  an  hour  at  my 
disposal,"  he  said. 

"Then  I  will  talk  rapidly,"  replied  the  old 
resident,  "though  I  could  put  in  a  week  and 
not  exhaust  the  su1)ject. 

"The  soil  in  and  about  San  Jose  offers  the 
prime  rec|uisites  ioT  the  raising  of  all  kinds 
(if  vegetables  and  small  berries.  This  with  a 
climate  equally  suited,  a  ready  market  in  San 
Jose  and  a  still  larger  one  in  San  Francisco, 
makes  the  business  of  production  a  most  prof- 
itable one  and  gives  employment  to  a  large 
number  of  people.  The  seed  output  will  more 
than  double  the  amount  of  other  garden  prod- 
ucts. One  of  the  seed  farms  located  near  San 
Jose  is  the  largest  in  the  world.  In  the  future 
another  soil  industry  may  be  added — flax  cul- 
ture. Statistics  show  that  it  is  very  profitable 
and  in  tine  opinion  of  experts  the  climate  and 
soil   of   the   valley   meet   every   requirement. 

"While  San  Jose  is  noted  as  a  horticultural 
center  its  industries  along  the  line  of  manu- 
factures are  not  unimportant.  There  are 
many  luml)ering  manufactories  in  the  city  and 
viciriit}'.  'J'here  are  flour  mills,  iron  and  l)rass 
foundries,  tanneries,  carriage  factories,  mar- 
1de  works,  cigar  factories — but  stay,  it  is  l)et- 
ter  to  give  you  a  list  ])repared  l>y  the  Chandier 
of  Commerce,  so  you  see  what  San  Jose  can 


l.Hiast  of:  Acme  Sheet  Metal  Manufactory, 
Anderson-Barngrover  Mfg.  Co.,  manufactures 
fruit  and  canning  machiner_v;  T.  D.  Anderson, 
awning  and  tent  makers;  Banks  Corporation, 
manufactures  Banks'  Evaporator  ;  Bean  Spray 
Pump  Co.,  manufactures  pumps,  gas  and  trac- 
tion engines;  Beech  Nut  Co.,  jams  and  pre- 
serves ;  E.  Benone,  Ravioli  and  Noodle  Mfg. 
Co.  ;  Harry  Bobbitt,  California  Wall  Paper 
Mills  ;  Braslan  Seed  Growers  Co.  ;  Burns  ^vlat- 
tress  Co.;  Bvron  Jackson  Iron  A\'orks,  cen- 
trifugal and  turl)ine  pumi)s ;  California  Seed 
Growers'  Association;  Campl)ell  iK:  Biidlong 
r\Iachine  Works,  pumps  and  engines ;  Chase 
Lumljer  Co.;  Christian  Mfg.  Co.,  harvester 
teeth  ;  Cowell  Lime  and  Cement  Co. ;  Delmas 
Paper  Co. ;  Eagle  Bod}'  Mfg-  Co.,  auto  body 
builders  and  repairers;  Farmers'  Grain  and 
Poultry  Supply  Co.  ;  Finnett-McEwen  Co., 
tractors;  Fisk  Rubber  Co.;  Garden  City  Glass 
Co.;  Garden  City  Potter}-;  Garden  City  Ruli- 
ber  Works;  Garden  City  Implement  and  Ve- 
hicle Co.  ;  Glenwood  Lumber  Co.  ;  James 
Graham  Mfg.  Co.,  stoves  and  ranges  ;  Hart's 
Auto  Signal  Tail  Light  Co.  ;  Hubbard  &  Car- 
niichael,  lumber  and  mill  work;  Kimberlin 
Seed  Co.;  Knapp  Plow  AA'orks  ;  San  Jose  Bot- 
tling Co.  ;  San  lose  AVire  Strapping  Co.  : 
Aloenning  &  HarA-ard.  pumps  and  engines; 
IMussos  Outing  iv  Equipment  Co.;  I'acific  Gas 
cS;  Electric  Co. ;  Pacific  Mfg.  Co.  ;  Pacific  Shin- 
gle and  Box  Co.;  Peterson-Kartschoke  Brick 
Co. ;  Pioneer  Rubber  Co. ;  National  Axle 
Mfg.  Co.;  San  Jose  Broom  Factory;  San  Jose 
Fk)ur  Co.  ;  San  Jose  Marble  &  Granite  Works; 
San  Jose  Foundry  ;  San  Jose  Lun-ilter  ^'ard  ; 
San  Jose  Paper  Mills;  Ravenna  Paste  Co.; 
Schuh  &  Vertin,  granite  and  marlde  works; 
Security  Cold  Storage  Co.  ;  Sperry  Flour  Co.  : 
X'acuum  System  OH  Refining  Co.;  San  Jose 
Implement  Co.;  Marvel  Compound  Co.,  boiler, 
gas  engine  and  radiator  compounds;  Pitch 
Pump  &  Supply  Company,  Smith  Manufac- 
turing Company,  and  several  others.  Besides 
tliese  four  Building  and  Loan  Associations, 
eighteen  dairies  and  creameries,  eight  whole- 
sale flour  and  grain  houses,  nineteen  l)utcher 
shops,  over  one  hundred  grocers,  five  sani- 
tariums and  hospitals,  a  telephone  company 
with  over  14,000  subscribers,  and  t)ther  lines 
of  Inisiness.  ()ne  drawl^ack  to  the  proper  de- 
A'elopn-ient  of  manufacturing  industries  was 
the  lack  of  cheap  fuel,  but  a  factor  of  the 
greatest  nnportance  \vas  furnished  in  1901 
when  the  Standard  Electrical  Power  Com- 
])an}-,  with  plant  at  Blue  Lakes,  put  up  poles 
and  wires  in  Santa  Clara  County  and  fur- 
nished 15,000  hf>rsepow-er  for  every  purpose 
for  which  it  could  l)e  used." 

"Tell    me    more    aljout    San    Jose,    itself.      I 
want  the  details." 


HISTORY   OF   SANTA   CF.ARA   COUNTY 


15'J 


"San  Jose,"  said  the  old  resident,  with  tj^-lis- 
tening  eyes,  "is  the  garden  spot  of  California, 
the  Oueen  City  of  the  Pacific  Coast.  It  is 
lieautifully  situatctl  in  the  center  of  the  \aU 
lev,  snrroinnled  by  the  richest  frnit  growing 
section  in  the  world,  and  having  within  its 
boundaries  all  the  elements  conduci\e  to  a 
happy  existence.  I  ha\e  told  you  of  the  cli- 
mate, you  know  something  respecting  the  re- 
sources of  the  C(.mtiguous  territor\',  and  "N'ou 
will  therefore  understand  that  trade  must  nat- 
urally gra\itate  to  the  cit)-  by  reason  of  its 
location  with  outl}'ing  sections.  The  con- 
stancy and  certaint}'  of  trade  enal)Ies  the 
farmers  and  orchardists  to  ])ay  cash  for  su])- 
plies  and  in  turn  insures  the  pros|)erit\-  of  the 
merchants.  But  the  fruit  industrv  and  the 
manufacturing  concerns  form  1)ut  X\\i>  factors 
in  promoting  commercial  healthfulness.  Hun- 
dreds of  thousands  of  dollars  flow  in  annuallv 
from  the  educational  and  cither  public  institu- 
tions situated  in  San  Jose  and  its  near  vicinitv'. 

"It  is  one  of  the  most  beautiful  residence 
cities  in  the  state  on  account  of  its  charming- 
situation,  ^ulri^  aled  climate,  Ijeautiful  land- 
scape, educational  facilities,  accessiljilit)-  to 
the  great  metropolis  <")f  the  coast,  and  to  the 
intelligence,  refinement  and  enterprise  of  its 
people.  H  is  connected  ^^•ith  San  Francisco 
with  three  lines  of  steam  railroads,  one  line,  a 
transcontinental  one,  running  from  San  Fran- 
cisco and  San  Jose  along  the  coast  to  i^os  An- 
geles and  thence  East.  There  are  also  elec- 
tric lines  running  to  Palo  Alto  on  the  north, 
Los  Altos,  Cupertino  and  Saratoga  on  the 
west  and  Los  Gatcjs  and  Campbell  on  the 
south.  In  the  near  future  the  electric  cars  will 
convey  passengers  from  San  Jose  to  San  Fran- 
cisco. A  new  transcontinental  line,  started  in 
1917  and  finished  in  1922,  is  the  AVestern  Pa- 
cific.    A  Ijranch  line  was  built  from  Niles." 

"How  al)out  auto  stages?  Do  you  have 
them  ? 

"Of  course."  replied  the  old  resident,  se- 
renely, "for  we're  up  to  date  in  San  Jose. 
There  are  hourly  auto  stages  to  San  Fran- 
cisco, Oakland,  Stockton,  Sacramento,  Gilroy, 
Los  Gates,  Saratoga  and  other  points.  In 
fact  }-ou  can  get  an  auto  to  take  you  any- 
where in  the  state.  And  talking  about  autos — 
I  will  inform  you  that  San  Jose  is  the  pride 
of  the  automobilists  of  California,  for  it  has 
more  roads,  better  roads,  more  Ijeautiful 
spots  —  ^•alley  or  mountain  —  more  orchard 
avenues  than  any  other  section  of  the  state. 
The  state  highway  runs  through  San  Jose 
with  branches  to  Santa  Cruz,  Gilroy  and  other 
towns  in  the  county.  Besides  there  are  hun- 
dreds of  miles  of  paved  roads  paid  for  b}-  the 
board  of  supervisors  acting  for  the  county." 


The  man  from  the  l{ast  made  a  movement 
in  the  direction  of  his  watch  pocket,  Init  it 
was  not  comideted.  Some  restraining  influ- 
ence was  at  w(jrk.  Presently  he  said:  "You 
s])eak  of  educational  facilities.  A  city  or  town 
may  ha\  e  climate  to  burn,  the  scenic  Ijeauties 
that  ]ioets  ra\'e  a1)out,  l)ut  unless  it  ))ossesses 
a  full  measure  of  the  best  of  civilizing  influ- 
ences it  fails  <jf  l)eing  the  'one  and  altogether 
Irjx'cly  spot'  to  me." 

The  old  resident  listened  comidacently.  "I 
think  I  can  satisfy  you,"  he  replied,  "for  one 
of  tile  strongest  appeals  that  San  Jose  makes 
to  the  seekers  of  homes  is  that  it  is  the  center 
of  the  finest  system  of  educatiiJii  to  be  found 
on  the  r\acific  Coast.  In  the  city  itself  are  the 
public  schofils  from  primary  t<"i  high,  and 
many  academies  and  pri\-ate  schools.  The 
high  school  building,  or  buildings,  for  there 
are  many  of  them,  cover  acres  of  ground,  and 
with  the  improvements  mapped  out  for  this 
}-ear — athletic  grounds,  new  structures  and  an 
increased  equipment — makes  the  cost  upwards 
of  one  million  dollars.  The  school  has  the 
highest  uni\-ersity  rating  and  the  course  of 
study  emljraces  almost  every  department  of 
cftlture  from  the  rudiments  of  learning  up  to 
the  arts,  sciences  and  classics.  The  grammar 
schools,  nine  in  number,  are  comparatively 
new,  are  l)uilt  in  the  mission  form  with  spa- 
cious grounds,  up-to-date  sanitary  conditions 
and  all  the  apjdiances  of  first-class  metropoli- 
tan institutions.  And  there  are  in  the  city  com- 
mercial schools,  church  schools,  and  schools  of 
painting,  industrial  arts  and  metaDhysics.  In 
vSan  Jose  is  located  the  State  Teachers" 
College,  with  an  eflicient  corps  of  instruct- 
ors for  the  education  of  teachers:  the  College 
iif  Notre  Dame,  one  of  the  leading  Catholic 
institutions  of  learning  and  morals  in  the 
United  States,  devoted  particularly  to  the 
training  of  young  girls:  and  the  St.  Joseph's 
school  fcir  boys.  T\vo  miles  from  the  heart  of 
the  city  at  College  Park  is  the  College  of  the 
Pacific,  the  leading  Methodist  College  of  the 
Pacific  Coast,  with  a  Conservatorv  of  Music 
attached;  at  Santa  Clara,  three  miles  distant, 
is  the  University  of  Santa  Clara,  founded  bv 
the  Fathers  of  the  Society  of  Jesus  and  hav- 
ing commercial,  law,  scientific  and  classical 
courses,  and  with  a  reputation  that  extends  to 
e\ery  part  of  the  United  States.  Palo  Alto, 
nineteen  miles  distant,  about  half  an  hour's 
ride  from  San  Jose,  boasts  of  the  Leland  Stan- 
ford Jr.  University.  It  is  designed  in  this 
uni\'ersit}'  to  represent  the  crown  and  out- 
come of  the  new  education,  specialized,  how- 
ever., on  the  highest  planes  in  utilitarian  di- 
rections. This  uni\-ersity  is  really  an  asset  of 
San  Jose  and  as  such  I  speak  of  it. 


160 


HISTORY   OF   SANTA  CLARA   COUNTY 


"It  might  l)e  well  fur  you  to  kiinw  that  San 
Jose  is  a  city  of  churches,  every  denomination 
of  importance  beintj  represented.  The  cost  of 
the  l)uildint;s,  which  in  their  ornateness  add 
much  to  the  l)eaut\-  of  the  city,  rans^e  from 
$5,000  to  $200,000.  '  In  the  line  of  charitable 
institutions  there  is  the  sanitarium  built  by 
the  donation  of  the  late  Judge  M.  P.  O'Con- 
nor and  conducted  l)y  the  Sisters  of  Charity; 
the  Pratt  Home  for  old  ladies,  the  Sheltering 
Arms,  and  the  Orphans'  Home,  conducted  by 
the  Ladies'  Benevolent  Society.  Resides  there 
are  many  other  organizations,  like  the  Good 
Cheer  Club  and  the  Elks  which  care  for  the 
sick  and  distressed." 

"How  about  pulilic  buildings?"  asked  the 
Easterner.  "Do  they  match  the  other  things 
you  have  been  talking  about?" 

"The}-  do  and  they  present  much  that  is 
architecturally  beautiful  and  substantial.  The 
Court  House,  Hall  of  Records,  Hall  of  Justice, 
Cit)'  Hall  and  Postoffice  cost  one  million  and 
a  half  dollars  in  the  aggregate,  and  each  struc- 
ture is  massive  and  imposing.  The  Carnegie 
Library,  built  by  a  donation  from  Andrew 
Carnegie,  is  a  handsome  structure,  located  in 
one  corner  of  Normal  Square,  and  answers  the 
public  needs.  The  business  houses  of  San 
Jose  are  large,  well  built  and  attractive  struc- 
tures. There  are  two  skyscrapers — the  First 
National  Bank  building,  nine  stories,  and  the 
Garden  Citv  Bank  and  Trust  Company  build- 
ing, seven  stories.  The  residences,  as  a  rule, 
are  in  the  bungalow  style,  costing  from  $2,000 
to  $75,000.  Some  of  the  suburban  residences 
are  veritable  palaces  and  they  stand  as  mon- 
uments of  art  and  beauty  in  the  midst  of  lu.x- 
uriant  gardens  and  thrifty  orchards.  Speak- 
ing of  gardens,  San  Jose  has  well  been  called 
the  Garden  City  of  California.  Flowers  grow 
sti  easily  and  al^undantly  that  e\ery  residence 
has  its  flower  garden  and  every  month  in  the 
year  some  \-arieties  are  in  bloom.  There  is  no 
snow  and  the  frosts  are  so  light  that  only  the 
most  delicate  plants  are  affected.  There  is  no 
time  in  the  winter  when  the  ground  may  not 
be  worked,  so  that  under  what  are  semi-tropical 
conditions  the  growth  of  flowers  has  every- 
thing in  its  favor.  The  facility  with  \\-hich  the 
flowers  are  grown  add  much  to  the  beauty  of 
the  public  parks,  of  which  there  are  four, 
ranging  in  size  from  three  to  thirty  acres. 

"Are  there  anv  health  resorts  in  the  neigh- 
borhood of  San  Jose,  any  drives  or — " 

"Enough  to  beat  the  band,"  was  the  expres- 
sive response.  "The  city  owns  a  natural  park 
known  as  Alum  Rock,  which  is  one  of  the  most 
picturescpie  and  inviting  spots  in  the  state. 
It  is  biit  se\-en  miles  distant,  covers  an.  area 
of  about  1,000  acres,  is  under  control  of  the 
city  government,  and  is  reached  by  three  fine 


driveways  and  an  electric  railway.  There  are 
bath  houses,  plunges,  a  restaurant,  swimming 
tank,  esplanade,  a  concrete  dam  for  the  water 
supph',  beautiful  park-like  enclosures  for  flow- 
ers, and  lovely  walks  in  every  direction.  The 
fame  of  the  mineral  waters  has  spread  far  and 
wide.  There  are  other  mineral  springs  not 
far  from  San  Jt>se,  and  the  fact  that  they  are 
located  far  above  the  sea  level  and  with  most 
attractive  natural  surroundings  make  them 
sought  after  by  both  the  invalid  and  the  tour- 
ist. The  roads  about  San  Jose  are  among  the 
best  in  the  state,  for  the  reason  that  they  are 
not  only  kept  in  first  class  condition  the  year 
round  but  are  sprinkled  continuously  from  the 
end  of  one  wet  season  to  the  beginning  of  an- 
other. This  w(jrk  is  done  under  an  energetic 
and  up-to-date  board  of  supervisors. 

"While  there  are  charming  drives  through 
the  orchard  districts,  to  the  quicksilver  mines 
at  New  Almaden,  to  Los  Gatos  and  Saratoga 
in  the  western  foothills,  to  the  Big  Basin,  the 
great  redwood  park  in  the  Santa  Cruz  Moun- 
tains :  to  Alviso  and  Milpitas  near  San  Fran- 
cisco Bay,  along  the  far-famed  Alameda  to  the 
town  of  Santa  Clara  and  in  other  directions 
where  the  natural  prospect  is  inviting  to  the 
eye,  the  one  most  favored  by  tourists  is  the 
dri\-e  to  the  Lick  Observatory  on  the  summit 
of  Mt.  Hamilton." 

"I  have  heard  of  the  Observatory,"  inter- 
posed the  man  from  the  East,  "but  I  never 
connected  San  ]c)se  with  it." 

"It  is  San  Jose's  greatest  auxiliary  attrac- 
tion, though  the  Big  Basin  is  running  as  a 
close  second.  The  road  that  leads  to  the  Ob- 
servatory is  twenty-seven  miles  from  San  Jose 
and  was  built  at  the  expense  of  the  taxpayers. 
It  is  conceded  to  be  the  finest  mountain  road 
in  the  world  and  cost  upwards  of  $75,000.  It 
was  upon  the  condition  that  Santa  Clara 
County  should  l)uild  the  road  that  James  Lick, 
millionaire  philanthropist,  agreed  to  construct 
the  (Jbservatory  and  equip  it  with  the  finest 
astronomical  appliances  in  the  world.  The 
important  discoveries  that  have  been  made 
since  the  astronomers  began  their  work  have 
gi\-en  the  Obser^•ator^-  a  W(jrld-wide  fame. 
The  beautiful  scenery  of  the  Coast  Range  is 
seen  at  its  best  on  the  road  to  the  summit,  and 
the  drive  up  the.  mountain  is  as  much  an  at- 
traction as  a  look  at  the  hea\ens  through  the 
great  thirty-si-x  inch  glass." 

"If  tourists  should  ^■isit  v^an  jose  for  a 
trip  to  the  (Jbservatory  \\-hat  accommoda- 
tions would  they  find?" 

"As  good  as  can  be  found  anvwdierc.  There 
are  twenty-se\'en  hotels,  liesides  dozens  of 
lodging  houses.  The  finest  hotels,  metropoli- 
tan in  ever}'  respect,  with  electric  lights,  heat- 
in.g  plants,  elevators  and  the  finest  of  service 


niSTC)R\-   ()!■    SANTA   CI.ARA   COUN'J^Y  161 

arc  the  W-ndonie.  Hotel  .Moul.';Diiicry  and  '-iw vers,  and  tliat  tluTc  are  over  100  auto  sales- 
Hotel  St.  janios,"  i';""is,  .^ara-es  and  service  stations:  that  over 

"Vou  ha\e  spoken  about  the  climate,  scenic  1-,000  automobiles  are  (jwned  in  San  Jose  and 

and  other  attractimis.     IbiNC  )  on  a  system  of  ''^  least  hall  that  number  by  residents  of  out- 

se\vera!;-e.  and  how   docs  it  operate?"  ■'^i'lc'   districts;   that  there  arc  fraternal  orders 

"San  Jose  has  a  system,  a  perfect   one,   and  ,t;">'il"i'<^'    I'csides    clubs    for    men    and    clubs    for 

it    operates    to    the    satisfaction    of    the    entire  """icn,    the    latter    for    social    culture,    educa- 

communit\-.     The  citv,   vou  must  understand,  tional  and  literary  advancement,  and  in  the  in- 

is    located'  on    ;i    plain    'which     slopes     .gently  '^Tc'st   (.f   morality;   that   there  are   six   banks, 

toward    the    bay.      The    problem    of    drainage,  ^^'y'hcient  police  force  and  fire  department,  a 

therefore,    which    has    in    sections    less    favor-  V}^''^'<~'    library,    fine,    costly    buildings    for    the 

ably  situated   involved  great  expense,  \\as   in  '      .^'^^  ''^-  '"i*'  "^  ■  ^\'.  C.  A,,  Protestant,  and 

San  Jose  easily  solved.     The  fall  is  about  ten  \|  "  ,         ^['    \"    Catholic;    a    Humane    Societv, 

feet  to  the  mile,  enough  to  insure  a  rapid  flow  '^' ^^fli^~<'^l    Society,    J'ioneers    Society,    six    thea- 

of  water   and   there   are   now   over   sixty   miles  ^"^'"^    (three    of    them    motion    picture    houses), 

of   main    and    branch    sewers.      The    principal  '"'''n}'  concert  and   lecture   halls,   a   system   of 

drainwav  is  built  of  brick  and  is  five  feet  in  ''"'''^'  delivery  that  reaches  every  part  of  the 

diameter."  county,  thus  insuring  a  daily  delivery  of  mail 


"Where  do  }-ou  get  your  water  supply?" 


iy    earners;    that    the    total    valuation    of    all 


-V               4  '  ■              11           1    j:           ii       1   1  uoperty  in  the   citv  amounts   to  $'6^Ufi(^(V 

I'rom    artesian    wells    and    from    the    lakes  .,,    !    ,,  '             ,   ,.     -    '"'"'"'iis    lo  ^„u,^o-i-,ouu  , 

1      i                 -i      i-    1    1  ■    1             ■      ii  in;a  tne  population  within  the  leo-al   bonndn 

and   streams    situated   high   up    in    the    moun-  ,.;>,;,               mnno         ,     \            icj,ai   uounaa- 

'pi                1-11             1       ■  lies    IS   over   40,000   and    that   it   would    be   at 

tarns.      The    supply   is   ample   and   can   be    in-  i,.„^.  a;  nnn  ■{  <-\          i       ,          ,        "'J"iu    "e   at 

11                                           1             ,         fni  least  0:1,000  it  the  suburban  districts    rea  h-   -i 

creased     whenever     occasion     demands.       I  he  ,^^^f  „;  Vi         ■.            r                  i'^ohls,  iedu_\    a 

pressure    to    the    hydrants     from     the     water  '^'^     \          '    "'  '°          i""'  '""'''  '^''''  business 

brought   in    pipes    from    the    hills    is    fifty-five  '  "^  o^l  ]t ""'''    ^■^"'-~"""''   "'^''^^   admitted    as   a 
pounds  to  the  square  inch." 

"How  about  taxes?"  ■^'"*^   -^■"."    t'lrough?"     "Nearly.      Have    vou 

"Not  high.    L'p  to  May,   1920,  the  citv  rate  ''*"-^'  questions   to  ask?"     "You   seem   to   have 

was$1.19.'"Of  this  eighty-five  cents  was  for  the  '^'^-'^t    everything    worth    having    down    your 

support  of  the  city  government,   fifteen  cents  "''*>':  '^"^  ^  """1^'  ^'''n  J"se  will  be  found  lack- 

for  the  school  department,  and  nineteen  cents  "''f^'"  '^"«  respect.  ' 

for  the  payment  of  principal  and   interest  on  ^he  man  from  the  East  paused  and  with  a 

bonded    indebtedness    of    $659,400.      In    i\lay,  ["^'"^  which  said,  "I've  got  you,  now,"  waited 

1920,  at  the  regular  city  election,  it  was  voted  ''"'  ^he  old  resident  to  speak. 

to  increase  the  tax  rate  to  thirty-five  cents,  the  "If  we  haven't  got  it,  it  isn't  worth  having." 

increase   to  last  for  three  years  only,  t(j  .gi\e  "f  do  not  agree  with  you.     I  like  relaxation, 

the  city  a  chance  to  recover  from  the  loss  (jf  'All  \\-ork  and  no  plav'  makes  Jack  a  d'ull  bov.' 

liquor   licenses   due   to   the   wiping  out  of   the  I    require    outdcior    exercise    with    some    ni'ce 

saloons   through    Prohibition.              .  ozone   thrown   in   to   give   me   a   healthy-   ccdor 

"In   conclusion,"    sadi    the    old    resident,    "1  and  take  the  kinks  out  of  my  muscles." 
will   sa}-   that  we   are    working   under   a   com-  "Ah.  I  see.      You  want  a  baseball  or  a  cy- 
mission  form  of  go\'ernment,  Avith  a  cit)-  man-  clers'  clul).     We  have  both  in  San    lose.     \Ve 
ager  as  its   principal   officer;   that  we   have   a  ha\e  the  automobile  as  well  and  as  for  hunt- 
Chamber    of    Commerce,    a    live,    progressive  in,g  and   fishing,   no  county  in  the  interior  of 
body  of  representative  men;  a  Merchants  As-  the  state  oilers  better  inducements." 
sociation,   the    Rotary,    Pi(ms,     Ci^dc     A\'elfare,  "They    are    all    right,    but    you    haven't    o-ot 
a    Commercial    Clul"),    a    Progressive    Business  \\diat  I  want  and  that's  a  golf  club." 
.Men's   Associatifjn,   (  )ne     Hundred     Per    Cent  The     old     resident's     face     fairly     beamed: 
Club  and  the  Commercial  Club  for  placing  San  "Haven't  got  a  golf  club?     Why.' man  alive, 
Jose    in    large    letters    on    the    map  ;    that    the  \ve'\e  got  the  best  golf  club  in  Central  Cali- 
streets  of  San  Jose  are  lighted  by  electricit}- ;  fornia," 
that  car  lines  operated  by  electricity  traverse  "You  can't  mean  it." 

the  city  in  every  direction  and  extend  to  out-  "I  do.     It  was  organized  about  twentv"  years 

lying    towns;    that    fifty-nine    railway    trains  ago,  has  as  fine  links  as  an\-  one  could  \vish, 

leave    the    cit}-    daily:    that    the    city    has    two  with  an  ornate  club  house,  replete  with  every 

daily  newspapers,  the  Mercury  (morning)  and  up-to-date     conyenience     and     costing     alxnit 

the   Nezvs    (evening)    furnishing    the    news    of  $20,000.      The     links     are     located    on    rising 

the    world    by    Associated    Press    and    United  ground  at  the  foot  of  the  eastern  hills  about 

Press   dispatches;   that  all   trades   and  profes-  four  miles  from  the  city.     A  prettier  location 

sions    are     represented — there     are     forty. fi^■e  could   not  be  found.     The   club  house  has  an 

dentists,  seventy-seven  physicians  and  eighty  outlook  that  takes  in  the  whole  valle\-.  It  goes 


162  HISTORY   OF   SANTA   CLARA   COUNTY 

^\■ith(lut   saying  that   the  chib  is  cf)m])osed   of  hshing-  of  a  real  port  of  entry  for  vessels.     It 

men    and    women    who    represent   the   best    in  was   the   intention,    through    G(5vernment   aid, 

societ\-  and  business."  to    dredge    the    slougli,    make    it    passable    for 

"AA'hat  are  }-our   [irospects  for  the   future?"  transportation    craft    and    thus    provide    San 

"They    are    ^  er}-    bright.      Money    is    easil}-  Jose  with  water  as  well  as  railway  transporta- 

ol)tainable  and  in  a  business  ^vay  San  Jose  is  tion  for  her  products.     The  war  sto]3ped   the 

prosperous.      Its   various   res<iurces   and   utili-  project,   but   Sunnyvale,   nine   miles  from   San 

ties  combine  to  make  it  so.     The  Chamber  of  Jose,  has  taken  it  up  and  a  port,  near  the  San 

Commerce    is    rloing   wonders    in    the   way    of  [ose  line,  will  soon  he  in  ojieration.      vSo  you 

promoting     business     acti\ity,     fostering    im-  ^^^e  that  in  1*^22  the  Citv  of  San  Jose  oflfers  a 

provements  and  paving  the  way  for  all  enter-  fjj-^^.  ^(.p]  f, ir  the  in\'estment  of  money." 
prises  looking  to  the  citv's  advancement  along  ..^^.^jj^      climate,      production,      opportunity, 

the  best  lines.     Sexen  miles  north  of  San  Jose  p,  p..     .•^-J,  " 

is    the   port   of    ;\h'iso,    situated    on    a    slough  '  "  -^  i      i      i   ^t  t,;- 

which  empties  into   San  Francisco   P.av.      Be-  ^^^  man  from  the  East  now  looke.l  at  h.s 

fore  the  European  war  the  citv  bought'a  strip  ^vatch.      "  I  he    Los    .\ngeles    tram   has   gone, 

of   land    extending   along   the'Alvis'^o   road    to  he  said.^    "Well?';^   "There  s  the  tram  for  San 

Alviso  and  more'land   suitable  for  the  estab-  Jose.     I'll  take  it." 


CHAPTER  XVI. 

Additional  Events  in  the  History  of  San  Jose— The  Advent  of  Street  Cars  and 
Other  Metropolitan  Advantages — The  Crimes  of  the  Seventies,  Eighties 
and  Nineties — A  New  Form  of  Government. 

An   act   to   incorporate   the  city  of   San   Jose  which   were  jjaid  for  in   1865,  thus  leaving  the 

was    passed    by    the     Legislature,     Alarch    27.  city  out  of  debt. 

]R50.  by   which   it   \\-as  directed   that   the   city  A  new  charter  was  adopted  in  1857.    Under 

government    should    consist    of    a    mayor    and  the   new    s}'Stem    the   government   of   the   city 

seven    c(]Uncilmen,    \vhi:)    were    designated    a  was    \  ested    in    five    trustees,    a    treasurer,    a 

"body  politic   and   corporate"   under   the   name  clerk  and  assessor,  and  a  collector, 

of  "the  Mayor  and  Common  Council  "     This  j,.j    1353    gambling    was    licensed,    $500    for 

name  was  retained  until   the  city   adopted   the  ^^^.^-^  table. 

c.mmission  form  of  government  ,11  l<n6.    The  ,pj^^.  Democratic  partv  in  San   fose  was  or- 

first  city  tax  was  levied  July  11,     8d0   and  was  ^^^^-^^^^^  ;,,  5^33^     y^^.    _,^;  ^    ^p^ncer  was  prcsi- 

l,,r  one  per  cent_(,n   the   assessed   value   <,t   all  -j^.^^^^    j^^,^^^   ^j^  yiurphy  and  Samuel   Morrison, 

I)ror)ert^'        1  he   first  council  AOted  tnemselx'es  -    •           .       lo^f   li       r.     i-                 i- 

pioi)eiL_\.      1  iiL   iii:m  ^.wLiiiv^ii                                  ^  secretaries.     In  18.^4  the  first  con\entif)n  was 

pay  at  the  rate  ot  six  dojlar.s  per  day.      Ihis  |^^,,^|    .^^    ^,^^    ^^^-^^^^    ^^^    ^,^^    ^^^^^,^_^^    chairman, 

ordinance    was    repealed_  m    December   ot    the  ,p|^,„^^,^g    ,    ^y  .,^^ .  ^ecretarv.  P.' K,  Woodside. 

same  year,  on  motion  ot   Dr.  Ben  Cory,      ilie  ■    .                               '.,.,„.,         , 

first  o'rder  looking  to  the  improvement  of  the  '  he  W  hig  party  was  organized  m  bV^3  and 

,                      1   ^    „  T^a,,..,^1l^u,-  7    l>?mi    M^hi.-ln  on     iil\'    \.  a   con\-ention   was   lield   witli   Lole- 

streets  was  made  on  JJecemljer  z,   itiov,  wnicn  .'     -       •                                       ,    ,,      ,     .      ,..^   „ 

■  1    1  i       ~',i-    .^11--  ;,T  ti-,,.  i.,,c;npu^  r,nrt  , ,f  iiiau    ^oiingcr,    chairman,   and    rredenc    Hall, 

|)rovided  tor  sidevalks  m  tne  Dusiness  pan  01  t.     • 

the  city.     The   income  of  the  city  for  its  first  secretary. 

>ear  of  incorporation  was  $37,359.30;  ex]iendi-  In    1854   a    district    school    was    established, 

lures,    $37,106.04.      The    expenses    included    a  Freeman  Gates,  principal. 

debt  of  $7,500  handed  doA\n  from  the  Ayuntia-  In  1855  the  Know-Nothing  jjart)'  came  into 
meiito  of  1849.    The  cit\-  was  (li\ided  into  four  existence   but   held  no   con\ention.      Its   candi- 
wards    in    April,    1853,    and    a    fire   warden    ap-  dates  were  nominated  b}-  primar}-. 
pointed   for   each   ward.      .\n   api)ropriation    (jf  'Ph^     Republican    jiarty    was    organized    in 
$2,000  for  fire  apparatus  was  also  made.  ]S56  and  a  coinention  was  held  the  same  year 
In    1855    the   office   of   cajjtain   of  ](olice   A\as  with   J.    H.    Morgan,   chairman;    A.    C.    Erkson 
created    and    the    same    \'ear    the    ma}'or    and  and  M.  v^awx'er,  \  ice-chairmen  ;  C.  (.t.  Thomas 
council   hebl    session    in    the   new   city    hall    on  and   R.   Fl  utchiiison,  secretaries. 
^Market  Street,  north  of  Santa  Clara  Street.    In  In  1857  San  Jose  was  remapped. 
1866,  by  act  of  the  Legislature,  the  city  funded  In     1858     the     ,\nti-Lecompton     (Douglas- 
its    flcjating    debt    by    the    issuance    of    bonds.  Democrat)    jiarty    conxened    at    the    city    hall. 


HISTdRV   ()F   SAXTA    CLARA    COL'X'I'Y 


163 


AY.  "SI.  Lent,  chairman,  and  Freeman  Gates, 
secretary. 

An  ordinance  authorizint;"  the  cit^'  tn  la\' 
g"as  pipes  was  passed  January  11,  1S38.  In 
July,  1860,  James  Hagan  secured  a  franchise 
from  the  cit}'  for  this  purpose.  The  first  lights 
were  g'i\'en  on  Januar^'  21,  1861.  There  were 
then  (.inh-  fight\'-four  consumers  and  seven 
street  lights. 

In  1861  Jasper  D.  Gunn,  city  marshal,  ab- 
sconded, having  eml)ezzled  $2,700  of  the  city's 
money.  Gunn  was  accpiitted  of  the  criminal 
charg"e  but  his  liondsmen  ^^•ere  sued  b)"  the 
cit^'  and   judgment  obtained  against  them. 

Donald  Mackenzie,  in  May,  1864,  was 
granted  permission  to  lav  water  pipjcs  in  the 
streets  of  the  cit\\  This  was  the  lieginning  of 
the  San  Jose  A\'ater  Company. 

In  1865  a  firidge  was  budt  (")\er  Coy(")te 
Creek  at  Santa  Clara  Street.  The  same  ^•ear 
the  ]\lansion  House,  liuilt  in  1850,  was  fnirned. 

In  April,  1867,  Abijah  ?vIcCall,  countv  treas- 
urer, absconded,  being  a  defaulter  in  the  large 
sum  of  $2,3,762.41.  He  \\-as  arrested  and  con- 
victed. 

A\'illiam  Blanch,  an  Englishman,  was  mur- 
dered on  ^la}-  16,  1860,  while  at  labor  in  a 
field  he  \A'as  cultixating  about  a  mile  from  San 
Jose.  The  murderer  was  an  Indian  named 
Sal\-ador  Garcia,  \\  ho  had  been  accused  b}'  the 
deceased  of  stealing  a  rope,  Garcia  was 
hanged. 

In  March,   1868,  the  Legislature  granted  to 

5.  A.  Bishop  and  others  a  franchise  to  con- 
struct a  horse  railroad  along  the  Alameda.  Un 
August  31  work  on  the  road  \\-as  started  and 
on  XoAcmber  1,  the  cars  made  their  initial 
trip,  running  from  First  Street,  San  Jose,  to 
Main  Street  in  Santa  Clara.  In  1869  the  line 
\\-as  extended  eastward  along  Santa  Clara 
Street  to  the  Co}-ote   Creek  bridge      On  Jul\- 

6,  1870,  the  board  of  supervisors  granted  the 
companv  permission  to  use  steam,  pf'ti}-  or 
pneumatic  propelling  power,  and  on  Novem- 
ber 6,  1877,  authority  was  granted  to  permit 
cars  to  run  over  the  bridge  to  McLaughlin 
A\"enue. 

Un  AA'ednesday,  October  1,  186S,  at  eight 
o'clock  in  the  morning  a  severe  earthcpiake 
shook  California.  San  Jose  sutiered  consid- 
erable The  hea^•y  brick  cornice  of  Murph}-'s 
building,  corner  of  Market  and  El  Dorado 
Streets,  fell  to  the  ground.  The  Presbyterian 
Church  on  Second  Street  sustained  great 
damage.  All  the  brick  turrets  fell  and  large 
portions  of  the  steeple  were  precipitated 
through  the  roof  to  the  floor.  The  large  water 
tank  o\-er  the  roof  of  Moody's  flour  mill  fell 
through  the  roof,  carr)'ing  destruction  in  its 
course.  Their  wooden  storehouse,  100  feet  in 
length,  filled  with  grain,  \\"as  totally  wrecked. 


Two  Large  chimnews  of  the  San  fose  Institute 
were  tlirown  down,  one  of  them  crashing 
through  into  the  rcKims  below.  A  portion  of 
the  rear  wall  of  Welch's  livery  stable  fell. 
Otter's  unfinished  Idock  at  the  corner  of  First 
and  St.  Jolm  Streets  was  severely  dama.ged. 
There  was  not  a  liricL  building  in  the  city  that 
was  not  more  or  less  injured. 

'Lhe  next  winter  San  Jose  was  visited  by  a 
se\ere  flood,  'idle  Los  Gatos  and  Guadalupe 
Creeks  o\-erfio^\-ed  their  banks,  flooding  the 
lands  adjacent  thereto.  The  high  grade  of  the 
h.irse  railroad  track  dammed  the  Water  back 
south  of  Santa  Clara  Street,  inundating  the 
houses  and  yards.  The  water  broke  over  the 
track  flooding  the  low  grounds  between  the 
College  of  Notre  Dame  and  the  Guadalupe. 
.\bout  a  hundred  feet  of  the  railroad  track  was 
swe|:it  away.  The  main  portion  of  the  city 
from  Third  to  Seventh  Streets  was  under 
water  to  the  depth  rif  se\-eral  inches. 

In  1870  the  population  of  San  Jose  was  9,118. 

In  1871  A\'ashington  Square  was  granted  to 
the  state  as_a  site  for  a  Normal  School.  On 
April  3,  18/1,  .Mayor  Adolph  Pfister  sent  a 
communication  to  the  council  stating  that  he 
had  donated  his  salary  for  the  year  ($600)  for 
the  purpose  of  aiding  in  the  establishment  of 
a  puljlic  lilirary. 

In  December,  1871,  another  flood,  caused 
Ij.v  overflow  from  the  Guadalupe  and  Los  Ga- 
tos Creeks,  On  the  east  side  of  River  Street 
se\-en  small  cottages  floated  down  stream  for 
a  distance  of  a  third  of  a  mile.  During  the 
flood  all  communication  \vith  the  outside 
\\'orld  was  suspended.  Since  that  date  the 
two  creeks  have  been  widened  and  improved 
so  that  now  there  is  no  danger  of  o\'erflows. 

On  January  22.  1864,  the  Santa  Clara  Val- 
le}-  &  Luml^er  Compan}-  was  incorporated 
with  a  capital  stock  of  $300,000.  The  directors 
were  William  P.  Doughertv,  Y\L  H.  Hall, 
Samuel  McFarland,  E.  AV.  Haskell,  Y'.  w' 
Pratt,  John  Aletcalf  and  G.  Y'.  McLellan. 

(.)n  January  5,  in  the  District  Court,  Judge 
Da\-id  Belden  presiding,  Tilnircio  Yascjuez, 
the  notorious  bandit  and  murderer,  was  placed 
on  trial  for  the  murder  of  Leander  Davidson, 
hotel  keeper  at  Tres  Pinos,  San  Benito 
Count}-.  This  was  the  most  celelirated  trial 
ever  held  in  San  Jose.  Attorney  General 
J(jhn  Lord  Love,  assisted  by  N.  C.  Briggs 
and  Hon.  YV  E.  Lovett,  of  Llollister  and  Dis- 
trict Attorney  Thomas  Bodle}'  of  Santa  Clara 
Count}-,  appeared  for  the  prosecution.  The 
night  l)efore.  Judge  C.  B.  Darwin,  of  San 
Francisco,  to  whijm  had  been  intrusted  the 
princijial  management  of  the  defense,  with- 
drew fr(jm  the  case,  Liefore  the  Iieginning  of 
the  trial.  Judge  Y'.  H.  Collins  anrl  Judge  J.  A. 
Moultrie  were  retainerl  to  assist  P.   B.  d'ullv. 


164 


HISTORY  OF   SANTA   CLARA   COUNTY 


I  if  (lilroy,  as  attorneys  for  the  prisoner.  F.N'ery- 
thiny;  being'  in  readiness  Vasquez  was  placed 
on  trial.  AX'hen  the  conrt  adjourned  in  the 
afternoon,  the  followinj^"  residents  of  Santa 
Clara  County  had  been  selected  t()  serve  as 
jurors:  G.  W.  Reynolds,  foreman,  Tyler 
Brundage,  Frank  Hamilton,  M.  Dornlierger, 
Noah  Parr,  ^l.  Tobin,  G.  C.  Fitzgerald,  |.  W. 
Moorehead,  S.  T.  Woodson.  M.  Lubliner,"C.  S. 
Towle,  Flugh  O'Rourke.  On  Saturday,  Jan- 
uary 9,  a  verdict  of  .guilty  of  murder  in  the 
first  degree,  was  rendered  and  on  Alarch  19, 
the  execution  took  place  in  the  jail  yard. 

Vascjuez'  career  was  one  long  series  of  law- 
less acts.  He  was  born  in  Mcmterey  in  18,^5. 
was  a  wild,  harum-scarum  }'oungster,  but  he 
did  not  give  the  officers  an}'  trouble  until 
just  before  he  reached  his  si.xtecnth  year. 
Before  an  occurrence  which  launched  him  into 
a  career  of  crime,  his  associates  were  Mexi- 
can law-breakers,  cattle  thieves,  mainly, 
Avhose  iiperations  l^ecame  extensive  soon  after 
the  occupation  of  California  by  the  Ameri- 
cans. C)ne  night,  in  company  with  Anastacio 
Garcia,  a  Mexican  desperado,  he  attended  a 
fandango.  A  quarrel  over  a  woman,  the  fatal 
shooting  of  the  constable  while  trying  to 
maintain  order,  the  lynching  of  one  of  Vas- 
quez' associates  and  the  formation  of  a  vigi- 
lance committee  sent  \"asquez  into  hiding 
from  which  he  emerged  to  ally  himself  with 
a  band  of  horse  thicA'CS. 

In  1857  he  came  to  grief,  but  five  years' 
sequestration  in  the  state  prison  faided  to  pro- 
duce any  change  in  his  morals.  (..)ne  month 
after  his  discharge  he  was  operating  as  a 
highwav  roliber  on  the  San  Joaquin  plains. 
Chased  l")y  officers  into  Contra  Costa  County, 
he  sought  and  obtained  refuge  at  the  ranch  of 
a  Mexican  «'ho  was  the  father  of  a  jirett}'  and 
impressionable  daughter.  She  easily  fell  a 
victim  to  the  seductive  wiles  of  the  handsome, 
dashing  voung  knight  of  the  road.  <.)ne  morn- 
ing Anita  and  Vas(|uez  were  missing.  With 
stern  face  the  father  of  the  girl  mounted  his 
fleetest  mustang  and  started  in  pursuit.  He 
overtook  the  loNcrs  in  the  Li^•ermore  \"alley. 
The)'  were  resting  under  a  tree  b_y  the  road- 
side' X'asquez  saA\'  .Anita's  father  and  sprang 
to  his  feet,  but  made  no  hostile  demonstra- 
tion. His  code  of  honor  forbade  an  attack  on 
the  man  he  had  wronged.  ;V  cpiick  under- 
standing of  the  situation  sent  Anita  to  her 
loA'er's  side.  "If  you  kill  him  you  must  also 
kill  me,"  she  screamed.  The  lather  frowned. 
Vasquez,  with  hands  folded,  stood  Avaiting. 
After  some  consideralum  the  ranch  owner 
said  if  Anita  \\'ould  return  home  her  lover 
might  go  free.  The  girl  consented  and  Vas- 
quez shrugged  his  shoulders  as  father  and 
daughter  rode  away. 


Transferring  his  field  of  operations  to  So- 
noma County,  Vasquez  prospered  for  awhile, 
but  one  day  in  attempting  to  dri\e  off  a  band 
of  stolen  cattle,  he  was  arrested  and  for  the 
offense  spent  four  years  in  San  Quentin  prison. 
Immediately  upon  his  discharge  in  June,  1870, 
he  laid  plans  for  robbery  on  a  much  larger 
scale  than  he  had  before  attempted.  Selecting 
as  his  base  the  Cantua  Canyon,  a  wild  and  al- 
most inaccessible  retreat  in  the  Mt.  Diablo 
Range,  formerly  the  camp  and  shelter  of  Joa- 
quin Murietta,  he  gathered  about  him  a  band 
of  choice  spirits  and  for  four  years  carried  on 
a  warfare  against  organized  society,  the  like 
of  which  California  had  never  before  experi- 
enced. Stages,  stores,  teams  and  individuals 
were  held  up  in  the  counties  of  Central  and 
Southern  California,  and  though  posse  after 
posse  took  the  field  against  him  he  succeeded 
in  eluding  capture.  In  the  hills  he  was  safe. 
Vliite  settlers  were  scarce  and  the  Mexican 
population  aided  and  befriended  him,  princi- 
])ally  through  fear.  Besides,  his  sweethearts, 
as  he  called  them,  were  scattered  throughout 
the  hills  of  the  Coast  Range,  from  San  Jose 
to  Los  Angeles.  They  kept  him  posted  re- 
garding the  movement  of  the  officers  and  more 
than  once  he  escaped  capture  through  their 
vigilance  and  actiA'it}'. 

In  the  fall  r)f  1871,  after  a  daring  stage  rob- 
bery in  San  Benito  Count}',  Vasquez  got 
word  that  one  of  his  sweethearts  would  be  at 
a  dance  in  llollister  that  night.  He  resolved 
to  be  in  attendance.  The  dancing  \\'as  at  its 
height  A\'hen  he  appeared.  Becoming  flushed 
with  wine  his  caution  deserted  him  and  he  re- 
mained until  near  the  break  of  day.  He  was 
not  molested  and  emboldened  b\'  a  sense  of 
securit}'  he  went  into  the  barroom  and  en- 
gaged in  a  game  of  cards  Avith  one  of  the 
women.  Llere  he  A\'as  seen  and  recognized 
bv  a  law  and  order  Mexican.  The  constable 
was  notified,  a  posse  was  organized  and  a  plan 
laid  to  pot  Vas(|uez  at  the  moment  i")f  his  ap- 
pearance at  either  of  the  diiors.  A  woman 
ga\"e  X'asquez  warning  nf  his  danger,  and  dis- 
guised with  her  mantilla  and  skirt,  the  bandit 
\\'ent  (lut  of  the  dance  hall,  crossed  m  front  of 
the  approaching  posse,  found  his  horse, 
mounted  it  and  Avas  beyond  the  danger  limit 
before  the  deception  was  discovered. 

.V  few  days  later  he  stopped  the  stage  from 
the  New  Idria  mines.  A  woman's  head 
showed  at  the  door  as  A^as(|uez  covered  the 
drix'er  with  a  ride.  She  was  the  wife  of  one 
of  the  mine  bosses,  a  man  who  had  once  be- 
friended the  outlaw.  "Don't  do  it,  Tiburcio," 
she  entreated.  V^asquez  looked  at  the  grim 
faces  of  his  foIloAvers,  hesitated  a  moment, 
then  liiwered  his  rifle.  "Drive  on,"  was  his 
curt  command.    The  stage  lumbered  away  and 


HISTORY   n\<    SANTA    CLAUA    CoUN'IA' 


165 


(he  hainlit  loader  faeed  a  situation  that  de- 
nianiled  all  his  skill  and  nei"\  e.  '[diat  he  sne- 
eeetled  in  plaeatini;"  his  follnwers  nui}-  he  taken 
tor  granted  tor  that  same  da}-  the  hand  roM)ed 
a  store  and  then  rode  toward  a  hiding  ]daee 
in   the   Santa   Cruz    Range. 

AAdiile  the  rolthers  rested,  the  sherilTs  of 
three  eounties  \\-ere  searehing  for  them.  A 
few  miles  al)0\"e  v'^anta  Cruz  the  oHieers  and 
the  outlaws  met.  In  the  fight  that  ensued 
two  of  \  asquez's  men  were  killed  outright 
and  \"as(|ucz  was  shot  in  the  hreast.  ddroui;h 
desperateK'  wounded,  he  stood  his  ground,  put 
tlie  ofrieers  tei  rout  and  then  rode  sixt^•  miles 
liefore  he  halted  for  friendh'  ministration. 
When  aide  to  stand  on  his  feet  he  rode  to  the 
Cantua  Canvon,  where  he  found  the  remnant 
of  his  hand. 

There  he  planned  a  sensational  fall  eam- 
]iaign  wdiieh  opene<l  by  a  raid  on  Firelmugh's 
Ferrv  on  the  San  Joaquin  plains.  The  story 
of  what  oeeurred  ^Yas  afterward  told  to  the 
Inisttirian  by  Vasquez,  wdio  said:  "1  took  a 
wateh  from  a  man  they  ealled  the  captain.  His 
wife  saw  the  act,  and  running  up  to  me  thre\\- 
her  arms  around  m\  neck  and  liegged  me  to 
return  the  wateh  to  her  husliand,  as  he  had 
gixen  it  to  her  during  their  eourtship.  I  ga^'e 
it  back  and  then  she  went  into  another  room 
and  from  behind  a  chimney  took  out  another 
watch.  'Take  it,'  she  said,  but  I  wouldn't.  1 
just  kissed  her  and  told  her  to  kec])  the  Ax'atch 
as  a  memento  of  our  meeting." 

Then  came  the  robbery  of  the  Twenty-One 
Mile  House,  in  Santa  Clara  County,  wdiich 
\vas  followed  by  a  descent  on  Tres  Pinos  (now 
Paieines),  a  little  village  twelve  miles  south 
of  Hollister,  in  San  Benito  Count}-.  This  raid, 
liecause  it  resulted  in  a  triple  murder,  aroused 
the  entire  state.  Rewards  for  the  capture  of 
\'asquez,  dead  or  alive,  brought  hundreds  of 
man  hunters  into  the  field,  but  for  nearly  a 
\'ear  the  cunning  outlaw  successfully  defied 
his  pursuers. 

The  I'res  Pinos  affair  was  the  boldest  Vas- 
cpiez  had  yet  attempted.  With  four  men — 
Abdon  Leiva,  Clodovio  Cha^'ez,  Romulo 
Gonzalez  and  Teodoro  Moreno — he  rode  into 
the  village,  robbed  the  store,  the  hotel,  private 
houses  and  individuals,  securing  booty  which 
required  eight  pack  horses,  stolen  from  the 
hfitel  stable,  to  carry  away.  The  raid  lasted 
three  hours  and  the  men  killed  ^^•ere  Bernard 
Bihury,  a  sheepherder :  George  Redford,  a 
teamster,  and  Leander  Davidson,  the  propriet- 
or of  the  hotel.  Bihury  came  to  the  store 
while  the  robbery  was  going  on  and  was  or- 
dered to  lie  down.  Not  understanding  either 
English  or  Spanish,  he  started  to  run  and  was 
shot  and  killed.  While  the  robbers  were  at 
work   Redford   drove   up    to   the   hotel   with   a 


load  of  ])ickets.  lie  was  atten(ling  to  his 
horses  when  \'as(piez  ap]>roac]ied  and  ordered 
liim  to  lie  down.  Redford  was  afflicted  wdth 
lU-afnt'ss  and  not  understanding  the  order,  but 
l)elie\iiig  tli.-it  his  lifi'  was  threatened,  start- 
ed ou  a  run  lor  the  stables.  Ide  had  just 
reached  th.e  door  when  a  jjullet  from  Vasipiez' 
rille  jiassed  tln-ough  his  heart,  killing  him  in- 
stantly. 

All  this  time  tlie  front  door  of  the  hotel 
was  open  and  l)a\idson  Avas  in  the  doorway. 
Lei\a  sa\\'  him  and  shouted.  "Shut  the  door 
and  kee]i  inside  and  \ou  AN^on't  be  hurt."  Da- 
\  idsoii  stepjied  fiaek  and  A\as  in  the  act  oi 
closing  the  door  wdien  X'asipicz  fired  a  rifle 
shot,  the  bullet  passing  through  the  door  and 
|iiercing  I)a\idson's  heart.  He  fell  l)ack  into 
the  arms  of  his  \\-ife  and  died  in  a  short  time. 

,V  short  distance  from  Tres  Pinos  the  bandits 
dixided  the  bootv,  each  man  being  counseled 
l)_\-  \'asqucz  to  look  out  for  himself.  Teiva 
had  left  his  \v\ie  at  a  friend's  ranch,  near 
Elizabeth  I^ake,  Los  Angeles  County.  Thither 
he  rode  to  fmd  that  \"asquez  had  ])receded 
him.  As  the  da}-s  passed  Lei\a  began  to  sus- 
pect that  his  chief  had  more  than  a  ]-)latonic 
interest  in  the  attractive  Rosaria.  He  called 
Vasquez  to  account  suggesting  a  duel.  But 
\''asc|uez  refused  to  draw  a  weapon  against 
the  man  he  had  A\-ronged.  After  some  hot 
w(-)rds  matters  were  allowed  to  drop  and  for 
a  few  (lavs  all  went  smoothly.  Then  Vasquez 
asked  Leiva  to  go  to  Elizabeth  Lake  for  pro- 
visions. Lei\a  consented,  but  instead  of  car- 
rving  out  instructions  he  hunted  up  Sheriff 
Adams,  of  Santa  Clara  County,  and  surrend- 
ered, at  the  same  time  offering  to  appear  as 
state's  AA-itness  in  the  event  of  \*asquez'  cap- 
ture and  trial.  Adams  started  at  once  for 
the  bandit's  retreat,  but  Vasquez  was  not 
there.  He  had  Ineen  gone  man}-  hours  and  ^Irs. 
Leiva   had   gone   with    him. 

A  month  later  Vascpiez  deserted  the  woman 
and  fled  northward.  This  step  w-as  induced 
b^-  the  number  and  acti\-it}-  of  the  officers.  The 
ijegislature  had  met  and'  authorized  the  ex- 
penditure of  $15,000  for  a  campaign  against 
the  daring  and  desperate  fugiti\-e.  One  sheriff 
(Harrv  ?*Iorse,  of  Alameda  County)  organ- 
ized a  picked  company  of  fifteen  men  and 
wuth  provisions  for  a  two  months'  outing 
started  to  explore  thoroughl}-  the  mountain 
fastnesses  of  Southern  and  Central  California. 
But  so  efficient  w-as  Wasquez'  system  of  in- 
formation that  every  move  made  by  the  of- 
ficers became  know-n  to  him.  At  last  Morse 
gave  up  the  hunt.  'Then  the  irrepressible 
Tiburcio  made  up  for  lost  time.  Robbery  after 
robbery  followed  in  quick  succession.  After 
holding  up  a  number  of  stages,  Vasquez  en- 
tered  the   tow-n   of   Kingston,   Fresno   County, 


166 


HISTORY  OF   SANTA   CLARA   COUNTY 


and  there  made  a  rich  hauL  Stores  were  phm- 
dered,  safes  broken  into,  houses  looted  and 
])rovisions,  clothing,  nionev  and  jewelry  taken 
away.  The  news  of  the  raid  spurred  the  of- 
ficers into  renewed  action.  Soon  there  was  a 
rush  of  determined  men  into  Fresno  Count^'. 
But  Y'asquez  could  not  be  found.  He  had  re- 
treated southward.  Of  his  band  of  followers 
onh-  Chavez  was  left.  Conzalez  had  Med  to 
Mexico,  Leiva  was  in  jail  and  Moreno  was 
in  San  Ouentin,  having  been  tried  and  given 
a  life  sentence. 

,-\   month   after  the  Kingston  raid,   Vasquez 
and    Chevez    made    a    descent    upon    Co3rote 
Holes,  a  station  on  the  Los  Angeles  and  ( )wens 
Lake  stage  rciad.    The  few  residents  were  tied 
to  trees,  the  station  was  robbed  and  the   two 
bandits  were  about  to  depart  when  the  stage 
a|)peared.      After     the    ])assengers     had     been 
robbed    and    a    goodly    treasure    taken    from 
Wells-Fargo    cS;   Co.'s   strong  box.   the   horses 
^vere  unharnessed,  four  more  taken  from   the 
stables,  and  with  bullion,  money,  jewelry  and 
horses  the  lawless  pair  departed  for  the  hills. 
On  the  following  day  Vascpiez  and  Chavez 
stopped   the   Los  Angeles   stage   near   Soledad 
and  then  dissolved  partnership,  Chavez  to  ride 
for  the  Mexican  border,  his   California   career 
forever  closed,  Vasquez  to  seek  a  fa\x>rite  hid- 
ing place  in  the  Sierra  Madre  hills.    Here,  se- 
cure    from     molestation,     he     remained     two 
mcjnths,  when  word  was  brought  to  him  that 
one    ijf    his    sweethearts    was    staying    at    the 
house  of  Greek  George,  not  many  miles  from 
Lris   Angeles.    The   place   was   in   the   zone   of 
danger,    but    Vasquez    resoK-ed    to    go    there. 
His  intention  in  some  way  l^ecame  known  and 
word    was    sent    to    Sheriff    Rf)wland    at    Los 
Angeles.    A  posse  was  quickl)-  organized,  and 
placed    under   charge   of    Under    Sheriff   John- 
son   and    the    rendez\'ous    was    soon    reachetl. 
\'asquez   was   there   and   in  attempting   to   es- 
cape received  eight  bullets  in  his  body.    It  was 
thought    at    first    that    he    could    not    sur\'i\-e, 
l)ut  a  strong  constitution  enabled  him   to  ])ull 
through. 

On  May  25.  1874,  ele\en  days  after  his  cap- 
ture Vasquez  was  transferred  to  the  countv 
jail  at  Salinas,  Monterey  County.  There  he 
was  closely  guarded  until  Jul}'  26.  when  a 
court  order  was  made  transferring  the  trial 
to  San  Benito  County.  A  seconrl  (jrder  sent 
Vasquez  to  tiie  county  jail  at  San  Jose  for 
safe  keeping.  On  the  afternoon  of  the  same 
day  Vasquez  reached  San  Jose,  to  find  himself 
in  the  custody  of  his  olcl  adversary,  vSherifif 
Adams.  Afterward  the  case  ^\•as  re-trans- 
ferred to  Santa  Clara  County  and  in  San  Jose 
the  trial  took  place,  as  has  l)een  stated.  Lei\a 
was  the  state's  witness.  The  op])ortunity  to 
square     accounts     with     the     man     wdio     had 


wronged  him  had  come  at  last.  He  swore 
that  X'asquez  not  only  fired  the  shot  which 
killed  Davidson,  but  also  was  responsible  for 
the  other  murders  committed  during  the  Tres 
Pinos  raid.  His  was  the  only  positive  testi- 
mony, but  other  and  thoroughly  reliable  wit- 
nesses gave  sufficient  circumstantial  corrober- 
ation  to  enable  the  jury  to  reach  a  verdict. 
The  fatal  day  came  and  California's  star  bandit 
walked  calmly  to  the  scaiTold  and  died  with 
a  smile  upon  his  lips.  After  the  execution 
Leiva  went  to  Chile,  remained  there  a  few 
vears,  then  returned  to  California.  He  died 
m  Sacramento  several  years  ago.  Chavez  was 
killed  in  Arizona  in  the  fall  of  1875  by  an 
old  enemy.  The  head  was  severed  from  the 
body   and   brought   to   San   Juan. 

On  February  11,  1876,  a  franchise  was  grant- 
ed to  C.  T.  BiVd,  Charles  B.  Hensley  and  oth- 
ers for  a  street  railroad  from  Julian  and  Mar- 
ket Streets  to  Willow  Street.  Afterwards  the 
road  was  extended  along  First  street  to  the 
Southern  Pacific  Railroad  depot  and  along 
Willow  street  to  Lincoln  avenue. 

In  1877  one  of  the  most  remarkable  cases 
of  mistaken  identity  had  its  origin  in  San  Jose. 
Although  there  came  a  revelation  on  a  most 
essential  point  when  no  revelation  was  expect- 
ed, one  mystery  remained  and  that  mystery 
has  never  "been  solved.  John  C.  Arnold  was 
a  playwright  for  one  of  the  variety  theatres 
of  San  Francisco.  He  was  well  connected  and 
a  man  of  education  but  he  had  one  beset- 
ting fault  and  that  fault  was  overindulgence 
in  strong  drink.  In  the  summer  of  1877  his 
condition  became  such  that  grave  fears  for 
his  reason  were  entertained  by  members  of  his 
family.  A  suggestion  was  made  that  a  few 
months  in  the  country  would  probably 
straighten  him  out,  and  as  Fred  Sprung,  a 
pioneer  minstrel  and  an  old  friend,  ^^'as  re- 
siding near  San  Jose,  it  was  resolved  to  pack 
him    olT    to    the    Santa    Clara    Valley. 

Arnold  reached  San  Jose  in  a  shaky  con- 
dition, but  a  few  days  of  ozone  breathing 
seemed  to  make  a  ne\\-  man  of  him.  (  )ne 
morning  he  left  the  Sprung  residence  on  Mc- 
Laughlin .\venue  and  came  to  town.  Here 
he  met  a  Mexican  and  the  twain  hired  a  rig 
from  the  City  Stables,  now  used  as  the  Santa 
Clara  Street  I^^xtension  of  Hart's  Emjiorium. 
and  drove  in  the  direction  of  Los  Gatos.  The 
next  morning  in  Neff's  alnnmd  orchard,  near 
the  Gem  City,  a  ghastly  discovery  was  made. 
Lying  under  a  tree,  with  a  bullet  hole  in  his 
tem])le,  was  the  l)ody  of  a  dead  man.  The 
body  was  I^rought  to  San  Jose  and  for  twenty- 
four  hours  remained  unidentified.  Then  a 
newspaper  description  brought  to  the  city 
Frefl  Sprung,  Mrs.  Ned  Buckley  and  Lockhart, 
an  undertaker  from  San  Francisco.     Each  posi- 


11IS'I^)RV   ol'^   SANTA   Cl,AkA    CoL'N'lA' 


167 


ti\ely  identified  the  luidy  as  tliat  of  idhn 
C.  Arnold,  'rile  features  were  not  disfis^nred 
and  Spruns;-  deelared  that  without  other  e\  i- 
denee  he  was  ready  to  swear  that  the  Ixxly 
was  that  i)f  his  old  friend.  While  visiting  at 
the  Sprung  raneh  Arnold  wore  shoes  of  eer- 
tain  marked  peeuliarities.  These  shoes  were 
on  the  feet  of  the  ilead  man.  Arnold  wore 
a  hlaek  hroatlcloth  suit,  mueh  the  worse  for 
wear,  one  lapel  ha\ing  distinguishing  marks. 
This  suit  covered  the  hotl)-  of  the  eorpse. 
Arnold  carried  a  gold-headed  cane.  This  cane 
was  found  a  short  distance  from  the  tree,  un- 
der wdiich  the  body  was  found.  Upon  one  of 
the  fingers  oi  the  dead  man  was  a  ring.  When 
Mrs.  Buckley  saw  it  she  declared  that  it  was 
one  she  had  presented  to  Arnold  and  that  an 
inscription  which  she  ga\  e  would  he  found  on 
the  inner  side.  The  ring  was  remo\ed  and 
the  inscription  was  there  as  described.  At 
the  inquest  two  physicians  swore  that  it  was 
a  case  of  murder  and  the  jury  returned  a  \er- 
dict  setting  forth  that  John  C.  Arnidd  had 
met  his  death  at  the  hands  of  some  person 
unknown  to  them. 

The  body  was  taken  to  San  Francisco  and 
interred  in  the  Arnold  lot  in  I^one  Hill  Ceme- 
tery. Three  months  later  John  C.  Arnold  in 
the  flesh  and  the  picture  of  health  reappeared 
in  San  Francisco.  He  had  come  by  steamer 
from  Santa  Barbara  and  was  amazed  when 
he  learned  that  he  had  been  kjoked  upon  as 
dead.  Although  put  through  a  gruelling  ex^ 
amination  of  Capt.  I.  W.  Lees,  then  San  Fran- 
cisco's chief  of  detecti\'es.  he  could  gi\e  no 
explanation  of  the  mystery  that  surrounded 
the  crime  of  the  almond  orchard.  All  he  could 
say  that  he  had  gone  toward  Los  Gatos,  had 
had  a  number  of  drinks  near  that  town  and 
that  he  remembered  nothing  more  until  he 
awoke  in  a  stage  coach  going  toward  Santa 
Barbara.  Fie  knew'  that  he  had  changed  clothes 
with  someone  and  was  sure  he  had  been  robbed 
but  as  to  the  identity  of  the  man  wdio  looked 
like  him  and  wdio  wore  his  clothes,  he  had 
not  the  faintest  notion.  The  Mexican  wdio  had 
accompanied  Arnold  to  Los  Gatos  was  never 
fotmd  and  the  name  of  the  man  buried  in  the 
Arnold  plot  has  never  been  discovered.  On 
account  of  his  striking  resemblance  to  the 
playwright  Captain  Lees  thought  he  ought  to 
1)6  a  relative  but  investigation  on  this  line 
came  to  nothing.  Arnold  lived  for  several 
years  after  his  reappearance  in  San  Francisco. 

In  1879  the  Legislature  passed  an  act  au- 
thorizing the  city  to  open  Market  Street 
through  the  Plaza,  close  San  Jose  and  Guada- 
lupe Streets  and  sell  the  vacant  lands  adjoin- 
ing Market  Street.  There  was  so  much  op- 
position to  this  that  the  street  commissioner 
saw  fit  to  do  his  work  in  the  dark.    The  peo- 


ple awoke  one  tnorning  to  lind  the  trees  and 
shrulibery  in  the  line  of  the  street  cut  down 
and  destroyed.  The  scpiare  remained  in  a  di- 
lapidated con<lition  for  several  years.  In  1887 
it  was  selected  as  the  site  for  the  city  hall. 

In  1870  former  Sheriff  John  H.  Adams  antl 
former  Count)'  Clerk  Cornelius  Finley  were 
murdered  by  bandits  in  Arizona.  They  were 
on  their  way  to  Tucson  from  their  mine  when 
the\'  were  shot  and  killed  from  ambush  by 
Mexican  bandits.  Both  of  the  murdered  men 
held  office  at  the  court  house  in  San  Jose  when 
Vas(|uez  \vas  tried.  Adams  was  one  of  the 
l)ra\'est  officers  in  the  state  and  Finley  was 
extremely  ])opnlar  on  account  of  his  courtesy 
and    generosit}'. 

In  January,  1879,  J.  C.  Keane  was  appoint- 
ed city  clerk  to  fill  -the  vacancjr  caused  by  the 
disapi^earance  of  A\\  N.  Castle,  a  defaulter. 
Castle  fled  to  Oregcm  and  there  ended  his 
life  with  a  pistol  bullet. 

In  Februarv,  1878,  the  citv  library  was 
turned  o\-er  to  the  city. 

A  systematic  system  for  the  improvement 
of  St.  James  Scpiare  was  adopted  in  1869.  The 
grcmnds  \\'ere  laid  out  with  walks,  grass,  was 
planted  and  a  superintendent  was  employed. 
The  system  was  imp^o^■ed  in  the  winter  of 
1887-88  and  after  a  few  years  it  was  brought 
to   its   present   beautiful    ccmdition. 

In  May,  1879,  the  new  constitution  was 
adopted  and  in  the  fall  of  that  year  a  Work- 
ingmen's  party  was  organized.  It  was  in  ex- 
istence   for    two    years. 

San  Jose  had  a  sensation  in  1881  when 
Dick  Fellows,  the  champicm  lone-hand  high- 
wayman of  California,  came  to  San  Jose  to 
put  the  officers  on  their  mettle  and  furnish 
columns  of  scare-head  matter  for  the  daily 
newspapers.  Fellows,  wdiose  real  name  was 
Geo.  B.  Lytle,  was  a  school  teacher  and  lec- 
turer before  he  became  a  lawdDreaker.  It  was 
claimed  in  his  behalf  that  he  fell  from  grace 
in  order  that  he  might  assist  a  near  relative, 
a  poverty-stricken  widow.  About  forty  years 
ago  he  robbed  eleven  stages  within  a  space  of 
three  weeks,  his  operations  extending  from 
Santa  Barbara  to  San  Jose.  When  he  en- 
tered Santa  Clara  County,  the  sheriffs  of  half 
a  dozen  cotinties  and  Wells-Fargo  &  Co.'s 
large  force  of  detectives  were  at  his  heels.  He 
was  captured  near  Mayfield  by  Cornelius  Van 
Buren,  foreman  of  the  Coutts  ranch,  a  former 
constable  and  justice  of  the  peace,  and  turned 
over  to  Constable  E.  E.  Burke,  of  Santa  Clara, 
so  that  he  could  be  taken  to  the  county  jail 
at  San  Jose.  On  the  way  to  the  jail  from 
the  Market  Street  depot  Fellows  asked  if  he 
might  be  permitted  to  have  a  drink  l^efore 
becoming  the  inmate  of  a  cell.  Burke  made 
a  mistake  in  consenting  to  the  request.    They 


16S  HISTORY   OF   SANTA   CLARA   COUNTY 

passed  the  court  house  and  entered  a  saloon  and  he  was  lound  j^"uilt\"  and  sentenced  to  he 
at  the  southwest  corner  of  First  and  St.  John  hano'ed.  At  tlie  execution  a  novel  feature  was 
Streets.  introduced  in  making  a  hair  from  the  head 
Fellows  -Mt  his  drink  and  then  made  a  break  "t  the  murdered  Avoman  act  as  the  last  in- 
fer liberty,  (dut  oi  the  door  he  went  and  strument  in  the  hanging-.  In  former  hangings 
dashed  up  St.  [..hn  Street  toward  ^larket.  Aft-  ■'  I'iccc  (if  chalk  line  attached  to  the  rope  was 
er  he  turned  tlie  corner  he  was  lost  sight  of.  always  used,  Init  Slieriff  I'.ranham  had  tested 
The  escajie  occurred  after  dark  and  therefore  ^lie  hair,  found  that  it  Avould  work  and  this 
the  search  Avas  conrlucted  under  unfavoralde  hair  stood  lietween  Wasielewski  and  death  un- 
cr.nditions.  A  few  days  passed  and.  then  Feb  ^'1  't  was  se\ered  by  the  knife  of  the  e.xe- 
loA\-s  was  recaptured  in  a  cabin  near  the  Guada-  cutioner. 

lupe  mine  by  Chief-of-Police  Dan  Flaskell  and  In  1SS2  the  Democratic  State  Convention 
juan  E.  Edson,  a  local  detecti^-e  iifficer.  7de  Awas  held  in  the  California  Theater  on  Second 
was  taken  to  Santa  liarbara  for  trial  on  ime  Street.  The  leading  candidates  for  Governor 
of  man}'  charges.  CouAiction  frilloAA'cd  and  a  A\-ere  Gen.  George  Stoneman.  a  noted  cavalry 
life  sentence  Awas  im])osed.  After  the  trial  he  commanfler  during  the  Civil  War.  and  George 
triecl  to  escape,  reached  the  street,  TU(Tunted  Hearst,  father  of  William  Randolph  Hearst, 
a  horse  and  might  ha^-e  dieen  successful  in  prriprietor  of  man}'  ncAvspapers  in  California 
getting  a\A-a}-  if  the  horse  had  not  bucked  and  and  the  East.  Stoneman  Avas  nominated  and 
thrown  him  from  the  sarldle.  After  ser\dng  elected.  At  this  cinvention  "\A'.  A.  January, 
as  a  couA-ict  frir  tAA'entA'  A'eai's  he  A\'as  released  of  vSan  Jose,  A\'as  noiuinated  for  state  treasurer, 
on  parole.  In  ]'■>]/  luan  F.dson  A\'as  first  tor-  bTe  also  Avas  elected.  Another  nomination  A\-as 
tured  and  then  killed  at  his  ranch  near  Tepic,  that  of  James  H.  Rudd  for  congressman  from 
^Mexico,  by  a  liand  of  marauding  Ridians.  Hon-  the  San  Joaf|uin  district.  He  Avas  elected, 
est,  brave  and  fearless  Dan  Haskell  became  serA-ed  one  term  at  AA'ashington  and  AA-as  after- 
shot  gun  messenger  for  A'\'ells-Fargo  &-  Co.  in  A\'ard  elected  governor  of  the  state.  In  the 
Shasta  County  after  his  ternr  of  chief  of  police  nominating  convention  he  Avas  opposed  by 
had  expired.  In  October,  1905,  Ayhile  in  the  Hon.  R.  D.  Murphy,  of  San  Jose.  The  con- 
pierformance  of  his  dut}-  he  Avas  shot  and  killed  test  Avas  very  close. 

lyA-  a  highwayman,  A\dir)  awis  attempting  to  hold  One  of  the  most  sensational  murders  e\-er 
up  the  Redding  stage,  committed  in  California  occurred  in  June, 
In  1882,  Jan  WasieleAvski,  a  Pole,  murdered  1883.  It  brought  into  vicious  prominence  one 
his  AA'ife  at  Los  Gatos.  He  had  been  but  a  Lloyd  L.  Majors,  the  most  dangerous  crimi- 
short  time  out  cif  prison  A\diere  he  had  serx-ed  nal  ever  harbored  Iia'  Santa  Clara  County,  He 
a  sentence  for  cattle  stealing.  In  1877  he  mar-  had  no  love  for  neA\-spapermen,  though  he  t(d- 
ried  a  pretty  Mexican  girl.  After  his  con\-ic-  erated  them  Avhen  he  thought  he  could  use 
tirin  on  the  cattle  stealing  charge  he  told  his  them.  AAdien  he  could  not  use  them  and 
Avife  that  he  Avould  kill  her  if  she  obtained  a  found  their  pencils  turned  against  him,  he 
diAorce.  The  threat  Avas  unheeded  and  Avhen  hated  them  A\dth  the  hate  of  a  coarse,  lying, 
AA'asielewski  came  iiut  of  prison  he  found  that  re\-engeful  brute.  During  his  life  of  forty- 
she  not  onl}-  secured  a  (liA'ijrce  but  had  mar-  tAvo  }'ears,  much  of  it  spent  in  San  Jose,  he 
ried  again.  Then  he  planned  to  kill  her.  In  had  been  Avagon-maker,  lumber  dealer,  laAVA'er, 
June,  1882,  he  Avent  to  her  home  in  Los  Gatos,  temperance  lecturer  and  saloon  keeper.  He 
met  his  Avife  out  rjf  doors  and  stabbed  her  was  not  a  handsome  man  :  in  truth  he  Ayas 
thirteen  times.  Leaving  her  (hdng  on  the  jiositiA'elv  ugh^  He  had  a  hideous  disfigure- 
ground  the  murderer  fled,  to  be  captured  in  mcnt  f)f  the  loAver  lip,  his  forehead  Avas  Ioaa', 
Alarch,  1884,  La'  Juan  Edson  and  Sheriff  R>en  his  e}'es  cold  and  snaky,  and  his  face  Avore  an 
E.  R.ranham,  of  Santa  Clara  Count}'.  Rjefore  haljitual  scoavI.  In  the  late  '70s,  Avhile  he  lived 
he  reached  the  county  jail  in  San  Jose  the  in  San  Jose,  scA'eral  buildings  oAvned  and  oc- 
prisriner  feigned  insanity.  He  Avould  not  speak  cupied  I)a'  him  at  different  tiines,  AA'ere  Iiurned. 
and  Ayi')uld  not  eat  only  enough  to  keep  him  'bhe  public  prejudice  against  him,  caused  by 
alive.  After  his  trial  he  sent  out  a  bulletin  these  burnings,  caused  him  to  lea\'e  the  city 
giA'ing  notice  that  a  great  meeting  of  the  and  settle  in  Los  Gatos.  At  this  place  he 
angels  A\'ould  come  off  in  a  few  daA's,  that  oj-iened  a  saloon  and  to  it  caiue  one  Joseph 
it  Avould  last  tAvo  A\'eeks  and  that  in  all  that  Jewell,  a  good  looking  jiainter  anrl  grainer  and 
time  he  wcmld  he  "immortal  to  the  Avorld."  recent  arri\'al  from  the  East.  Majors  quickly 
The  meeting  carue  off,  according  to  his  state-  sized  him  up  and  A\'hen  he  suggested  to  Jewell 
ment,  and  for  two  Aveeks  not  a  morsel  of  food  a  plan  to  rob  and  if  necessary  kill  \'V,  P.  Re- 
passed Ins  lips.  He  Avas  tried  in  Ma}',  1884,  noAvden,  an  aged  rancher  living  in  the  Santa 
and  his  defense  Avas  insanity.  ,\  commission  Cruz  hills,  A\'ho  Avas  reported  to  have  $20,000 
of  medical  ex]jerts  refused  t(V>  uphold  this  plea  hidden  on  his  ranch,  JeAvell  readily  agreed  to 


lllS'^OR^'   OF   SANTA   CLARA   CoUN'lA' 


undertake  the  icb.  As  assistant  in  |e\\ell 
Majovs  snj^-s^-ested  Julm  v^howers,  an  illiterate- 
ne'cr-dii-well,  wdm  had  been  deiins;-  udd  jobs 
ahiint  tnwn  and  wdinse  hn'orile  lonnn'inL;"  place 
was  i\la)iirs'  salnon.  l'rn\ided  \vith  imple- 
ments cif  torlnre  to  be  used  il  Reno^-den  ini- 
der  murdernus  jiressure  should  refuse  In  dis- 
close the  hiding;-  jilace  of  his  money,  the  ]iair 
left  Los  Gatos  one  night  and  proceeded  to  the 
raiich.  Arri\ed  there  thev  found  that  Renow- 
den  had  a  \isitor,  a  friend  from  (^lenwood 
named  Archie  Alclntyre.  Reno^^'den  Avas  shot 
In-  Jewell  and  Showers  killed  Mclnt\re. 
Though  mtirtall)-  \\-c)unded  Renowden  refused 
to  tell  \\here  his  mone}-  could  be  found  and 
was  then  subjected  to  a  nameless  torture. 
E\"en  A\hen  suttering  the  keenest  agon\'  the 
old  man  stubltornly  held  his  tongue.  -\  sec- 
ond bullet  ended  his  life  and  the  murderers  re- 
turned to  Los  Gatos  and  infc)rmed  Majors 
that  their  mission  of  roldjery  had  failed.  The\- 
\\ere  suiiplied  A\'ith  monc}'  and  h(.")rses  and 
quickl}-  rode  out  of  town  to  escape  arrest, 
^lajors,  fearing  that  he  might  be  suspected  of 
compHcit}-  in  the  mrn-ders,  saddled  a  horse 
and  rode  to  the  Renowden  ranch  to  cover  up, 
if  pcissil)le,  all  traces  of  the  crime.  At  the  time 
he  supposed  that  both  dead  bodies  Avere  with- 
in the  house,  wdiile,  as  a  matter  of  fact,  Ive- 
nowden  had  lieen  killed  on  the  outside  and  at 
some  distance  frcmi  the  luiilding.  Hurriedh-, 
Majors  applied  the  match  and  wdien  he  sa\v 
the  flames  leap  up  he  remounted  his  horse  and 
rode  like  the  wind  to  his  Los  Gatos  home.  The 
ranch  house  burned  to  the  ground  and  the 
next  day  the  charred  remains  of  ^Iclnt_vre 
AA'ere  found  in  the  ashes  and  outside,  un- 
touched by  the  fire,  was  the  bod}-  of  Re- 
nowden. 

When  ^lajors  learned  that  his  night  ride 
had  availed  him  nothing  he  tried,  by  lies  and 
e\-asions  to  keep  the  officers  from  suspecting 
that  he  was  the  principal  in  the  doid^le  crime. 
He  talked  freely  to  the  historian  and  other 
press  representatiA-es,  nt)t  thinking  that  much 
of  what  he  said  w-ould  be  used  against  him  at 
his  trial.  Sho\\'ers  was  arrested  at  Gilroy  and 
made  a  full  confession.  Then  the  hand  of  the 
law  reached  out  and  gathered  in  Majors.  A 
few-  da}-s  later  Je\\-ell  A\'as  arrested  in  I'resno 
County. 

The  three  prisoners  were  lodged  in  the 
county  jail  at  San  Jose.  In  due  time  Jewell 
was  tried,  convicted  and  hanged.  Showers, 
who  -was  used  as  a  state's  w-itness,  pleaded 
guilty  to  murder  in  the  second  degree,  was 
given  a  life  sentence.  A  few-  years  later  he 
was  killed  by  a  fellow-  convict.  Majors  was 
tried  in  San  Jose  for  the  murder  of  Renowden, 
convicted  of  murder  in  the  second  degree  and 
sentenced  to  life  imprisonment.     District  At- 


torney C'ampbell  was  not  satisfied  wilh  the 
\erdict  and  st  i  h;id  Majijrs  indicted  for  the 
murder  of  Mclnt\re.  A  change  of  venue  to 
Alameda  l'ount\-  wris  taken  and  after  a 
lengthy  tri:d  Alajors  was  convicted  cjf  murder 
in  the  lirst  degrt'c  and  sentenced  to  lie  hanged. 
The  sentence   \\;is  executed   in  May.   1X84. 

In  1X86  a  most  in-iportant  prtjpcjsition  \\-as 
])resented  to  the  \  oters  of  vSan  Jc'ise.  The  rapid 
growth  o!  the  eit\-  created  a  demand  f(jr  extra- 
orihnary  ex]}enses,  which  could  not  Ije  i-tiet 
without  a  l:ii-ge  increase  in  the  rate  of  taxa- 
tion. The  channels  of  the  streams  needed  t(-) 
be  impro\-ed  S(]  as  to  prevent  ON'erfirnv.  A  sa's- 
tem  ol  ni)-to-date  sew-erage  Avas  necessary  arid 
there  \\as  a  rapi<lh-  grow-mg  demand  for  in- 
creased school  facilities.  ^V  tax  sufficient  to 
meet  the  requirements  \\-ciuld  haxe  been  a  bur- 
den against  w-hich  the  people  \\-ould  ha\-e  pro- 
tested. _\n  attempt  Avas  made  in  1874  to 
break  the  charter  rule  which  fcirbade  the 
Council  to  create  any  debt.  A  resolution  was 
adopted  b}-  the  council  directing  the  drafting 
of  a  bill  to  be  |)resented  to  the  Legislature, 
authorizing  the  city  to  issue  l.)onds  to  the 
amount  of  $40,000,  the  proceeds  tcj  be  used  in 
the  building  of  school  houses.  The  bonds 
w-ere  to  run  tw-enty  }-ears  and  to  bear  eight 
[)er  cent  interest.  Nothing  further  w-as  done 
in  the  matter  and  it  rested  until  1880.  At  the 
citv  election  held  that  }-ear  the  matter  of  issu- 
ing bonds,  in  connection  with  other  proposi- 
tions, was  subn-iitted  to  the  peojde  The  re- 
sult of  the  A-ote  \\-as  as  follows  :  To  incur  a 
delit  to  build  a  new  city  hall — for,  842 ; 
against,  1096.  To  open  Second  Street  through 
St.  James  Square — for,  192;  against.  1649.  To 
establish  a  free  public  librar\- — fcir,  1232; 
against,  605. 

This  disposed  of  the  question  of  a  city  debt 
for  another  six  years.  In  1886  a  proposition 
w-as  submitted  to  the  people  at  a  special  elec- 
tion, asking  for  the  issuance  of  l.)onds  in  the 
sui-n  of  $300,000  for  jiublic  sewers,  new  citv 
ball,  iron  bridges,  improvement  of  squares  and 
improA-ement  of  streets.  It  required  a  two- 
thirds  vote  to  carry  any  of  these  propositions 
and  they  were  all  lost.  Within  twelve  months 
the  people  experienced  a  change  of  heart.  The 
great  tide  of  immigration  that  w-as  flow-ing 
into  the  southern  counties  had  attracted  the 
attention  oi  the  board  of  trade  and  strenuous 
efforts  to  turn  the  stream  in  the  direction  of 
San  Jose  w-ere  being  made.  Public  meetings 
were  held  and  the  council  was  petitioned  to 
call  an  election  asking  the  people  to  vote  for 
or  against  the  issuance  of  bonds  for  the  fol- 
low-ing  purposes:  Completing  main  sewer, 
$150,C)00;  branch  sewers,  $135,000;  building 
new  city  hall,  $150,000;  cross  w-alks  and  parks, 
$50,000;     wooden     bridges,     $15,000.      Total, 


170 


MISTORV   OF   SANTA   CLARA   Cr)UNTY 


SSOO.OOO.  The  \-ote  was  in  the  affirmative  on 
all  these  propositions.  The  l)onfls  were  is- 
sued payable  in  twenty  years  and  hearing  in- 
terest at  five  per  cent.  They  were  sold  to  A. 
Sutro,  of  San  Francisco,  who  paid  one-eighth 
of  one  per  cent  premium. 

Early  in  1888  it  was  discovered  that  the 
election  which  authorized  the  issuance  of  these 
bonds  was  not  held  strictly  in  accordance  with 
the  statutes.  The  irregularity  claimed  was 
that  the  notice  was  one  day  short  of  the  time 
required  h}-  law.  There  was  some  difference 
of  opinion  as  to  whether  or  not  this  was  a 
fatal  error,  but  the  purchaser  of  the  bonds  did 
not  wish  t(i  lea\e  the  matter  undecided,  and 
asked  that  it  be  definitely  settled.  There  was 
a  proposition  to  make  u])  an  agreed  case  and 
submit  it  to  the  courts  for  adjudicatiitn,  and 
another  proposition  to  call  a  new  election,  is- 
sue new  bonds  and  cancel  the  old  ones.  The 
latter  method  was  considered  somewhat  haz- 
ardous, as  the  peojde  had  on  three  occasions 
rejected  the  proposal  to  create  a  debt  against 
the  city  and  there  was  a  chance  that  the  nec- 
essary two-thirds  \'ote  might  not  again  Ije  ob- 
tained. Ijut  the  chance  was  taken,  a  new 
electi(jn  was  called  and  the  proposition  to  is- 
sue new  bonds  was  carried  by  a  practically 
unanimous  vote.  The  new  bonds  were  issued 
and  the  t)ld  ones  burned  in  the  presence  of  the 
mayor  and  common  council  and  a  large  gath- 
ering of  citizens. 

In  April,  1888,  a  Ijoard  of  fifteen  freehold- 
ers, to  frame  a  new  charter  for  the  city,  was 
elected  as  follows:  L.  Archer,  C.  W.  Brev- 
fogle,  J,  H.  Campl)ell,  A.  W.  Crandall,  G.  E. 
Gra\es,  A.  Greeninger,  V.  Koch,  E.  Lion.  li. 
D.  Murphy,  D.  B.  Moody,  H.  Mcssig,  C.  E. 
Metzger,  John  Reynolds,  John  A\".  Ryland.  D. 
G.  Vestal.  The  charter  was  prei)ared  and  sub- 
mitted July  6,  1888.     It  was  defeated. 

In  1886  the  Democratic  state  convention 
was  held  in  the  Auditorium  (m  San  Fernando 
Street.  E.  E.  Fond  of  San  Francisco  was 
nominated  for  go\-ernor.  During  the  session 
Hon,  Stephen  M.  White  made  a  speech  in 
which  he  asked  the  convention  not  to  indorse 
him  as  a  candidate  for  the  United  States 
Senate. 

In  1886  B.  F.  Branham,  sheriff:'  of  the  county, 
was  beaten  for  reelecticm  on  accr)unt  of  the 
action  of  the  Mexican  voters,  who  resented  the 
killing  of  Pedro  Pacheco,  a  gaml)ler.  In  the 
early  part  of  1886  he  committed  his  first  crime. 
While  out  walking  (m  North  Sixth  Street  with 
a  pretty  Mexican  girl  a  stop  was  made  in 
front  of  The  Villa,  a  notorious  res(.)rt  near 
Washington  Street.  Pacheco  asked  the  girl 
to  come  inside  and  have  some  refreshments. 
The  girl  refused  and  then,  as  he  afterward 
testified,   he   seized   her   in   his   arms   and   car- 


ried her  into  the  house.  Some  hours  later  the 
girl  escaped  and  told  her  story  to  Police  Of- 
ficer Richard  Stewart,  who  had  seen  her  ap- 
proach The  Villa.  Upon  her  mother's  com- 
])laint  Pacheco  was  arrested  for  a  statutory 
oft'ense.  At  the  trial  District  Attorney  Camp- 
liell  made  out  a  strong  case  and  Pacheco  was 
convicted  and  sentenced  to  ten  years'  confine- 
ment in  the  state  prison.  (Jn  the  eve  of  his 
departure  from  San  Jose,  to  serve  liis  sentence, 
he  asked  permission  to  go  to  Concord,  Contra 
Costa  County,  his  former  home,  to  settle  some 
business  afTairs  and  bid  goodbye  to  his  rela- 
tives, pioneers  of  the  state  and  for  one  of 
whom  the  town  of  Pacheco,  in  the  same 
county,  was  named.  'Fhe  district  attorney 
ga\e  his  consent  and  Pacheco  left  the  county 
jail  with  Deputy  Sheriffs  Healy  and  Biane  as 
his  guards.  They  were  instructed  to  keep  con- 
tinually bv  Pacheco's  side  and  to  take  him  to 
San  Ouentin  after  he  had  concluded  his  busi- 
ness in  Concord. 

Arri\'ed  at  the  Contra  Costa  town  the  trio 
stopped  at  a  hotel  for  refreshments.  As  soon 
as  he  entered  the  door  Pacheco  made  a  dash 
for  the  rear,  \\-here  a  h(]rse,  saddled  and  bri- 
dled, \vas  awaiting  him.  Healy  hurried  after 
him  but  Pacheco  was  beyond  shooting  dis- 
tance when  the  deputy  reached  the  street.  In 
the  Mt.  Diablo  Range  the  fugitive  found 
friends  Avdio  advised  him  to  get  U>  Mexico  as 
soon  as  possible.  The  acEice  \\'as  followed 
and  a  place  of  safety  might  have  been  reached 
but  for  Sheriff  Branham's  activity.  Believing 
that  Pacheco  would  ride  south,  Branham 
started  out  l)y  way  of  one  of  the  movintain 
passes  to  intercept  him.  ,Vt  Bakersfield  the 
sheriff  learned  that  Pacheco  was  quartered  at 
a  Mexican  ranch  some  miles  a\va\'.  He  com- 
mandeered a  farmer's  wagon,  obtained  the  as- 
sistance of  a  local  officer,  and,  concealed  in 
the  bed  of  the  wagon,  the  twain  were  driven 
to  the  ranch.  They  were  near  the  house  when 
they  saw  Pacheco  and  a  companion  in  the 
yard,  a  short  distance  from  their  horses.  Now 
was  the  time  for  action.  The  officers  were 
dri\en  for^vard  and  two  rifles  covered  Pa- 
checo to  enforce  the  command  to  surrender. 
Instead  of  ct)m|dying,  Pacheco  ran  to  his 
horse,  mounted  it  and  was  in  the  act  of  draw- 
ing his  pistol  wdien  the  rifles  spat  out  bullets 
that  found  lodgment  in  Pacheco's  body.  He 
fell  oyer,  mortally  wounded  and  died  in  a 
short  time. 

The  news  of  the  shooting'  created  a  sensa- 
tion in  Central  California.  In  San  Jose  the 
Mexican  element  denounced  Branham  as  a 
murderer  and  threats  to  get  even  with  him 
\vere  freely  made.  The  way  to  reprisal  was 
shown  when  Branham  entered  the  fall  cam- 
paign for  reelection.     Before  the  Pacheco  epi- 


HISTORY   OI'    SANTA    CI,\R\   COUNTY 


171 


socle  ho  had  been  cunsidcvod  invincihle.  I'ut 
this  year  he  met  his  Waterhxi.  'I'o  arouse  pub- 
lic seutiuient  against  him  a  fund  was  raised 
and  the  county  \vas  thoroughly  canvassed,  tlic 
late  luan  E.  Edson' taking  the  most  active  ]iart 
ni  the  campaign  of  vengeance.  As  a  result 
of  the  opposition  I'ranham  was  defeated  h\- 
Jonathan  Sweigert.  Shortly  after  his  defeat 
llranham  left  San  Jose  to  engage  in  mining 
in  the  northern  part  of  the  state. 

(  liie  of  the  notalile  trials  \vas  that  of  the 
Dixon-  .\llen  case.  It  excited  nearly  as  much 
ititerest  as  that  of  the  famous  trial  of  Ti- 
Imrcio  \'asc|uez,  the  bandit.  The  plaintiff  was 
.\nna  E.  Di.xon,  late  Normal  School  student, 
nineteen  years  of  age,  and  the  defendant  was 
Prof.  Charles  H.  Allen,  principal  of  the  school. 
Miss  Dixon  was  a  buxom  demi-blonde,  as 
pretty  as  a  picture  and  chuck  full  of  animal 
spirits.  She  had  strong  lungs  and  she  chose 
occasions  to  make  annoying  use  of  them.  Her 
love  of  mischief  made  her,  wdiile  a  student,  the 
despair  of  her  teachers  and  a  source  of  grief 
to  Professor  Allen.  Nothing  against  her  char- 
acter was  ever  alleged,  but  her  jiranks,  ac- 
cording to  Allen's  allegations,  interfered  seri- 
ously with  the  discipline  of  the  school.  Once 
he  wrote  her  mother  asking  her  to  withdraw 
her  daughter  from  the  school,  saying  that  the 
girl's  deportment  had  not  been  such  as  to  sat- 
isfy the  faculty  that  she  was  a  suitable  per- 
son to  enter  the  work  of  teaching.  As  the 
mother  declined  to  act,  a  meeting  of  the  fac- 
ulty was  held  and  Miss  Dixon  was  dismissed 
from  the  school.  The  charges  against  her 
were  made  up  of  small  things.  It  was  al- 
leged that  she  sneezed  with  a  ^^hoop  and  in 
unexpected  places;  that  she  was  in  the  habit 
of  screaming  without  provocation  and  in  such 
a  manner  as  to  nearly  raise  the  roof  of  the 
school  building ;  that  she  went  out  sometimes 
without  a  chaperon  :  that  she  sent  in  mislead- 
ing boarding  house  reports;  that  she  was  bois- 
terous and  paid  scant  attention  to  the  rules  of 
the  school  and  as  .a  crowning  delinquency  was 
the  propounder  of  conundrums,  one  of  which 
had  shocked  Professor  Allen  and  excited  the 
risibilities  of  man)-  of  the  teachers. 

After  the  dismissal  a  series  of  communica- 
tions appeared  in  the  columns  of  the  Mercury 
They  ridiculed  Professor  Allen  and  declared 
Miss  Dixon  had  l)een  dismissed  Ijecause  she 
sneezed.  Allen  replied  by  asserting  that  the 
girl's  conduct  in  her  classes  and  around  the 
building  had  been  such  as  to  show  she  \\'as 
full  of  tricks  and  almost  destitute  of  those 
womanly  and  honorable  characteristics  that 
should  be  the  prime  requisites  of  a  teacher. 
This  article  was  made  the  basis  of  a  libel  suit. 
Miss  Dixon  sued  Professor  Allen  for  $10,000 
damages  for  defamation  of  character.     D.  M. 


Delmas,  now  of  Los  Angeles  was  her  attor- 
ney and  Thomas  H.  Eaine  and  W.  .^.  John- 
ston were  engaged  bv  Professor  Alien  to  con- 
duct the  defense.  The  case  came  to  trial  in 
No\eml)er,  IJ^cSl.  and  ran  for  over,  a  week. 
Eacli  (L'U'  tile  court  room  was  crowded  to  the 
doors,  it  was  a  battle  of  legal  giants.  Del- 
mas was  in  the  height  <(f  his  power,  while 
Laine  and  Johnston  were  looked  upon  as  two 
of  the  shining  lights  of  the  San  Jose  bar.  Del- 
mas, in  his  closing  argument,  was  at  his  best, 
and  a  more  powerful  and  eloquent  address 
was  never  heard  in  a  San  Jose  court  room.  He 
said,  among  other  things,  that  he  was  not 
trving  the  case  to  get  damages — he  did  not 
want  them — Ijut  he  did  want  a  \-erdict  that 
would  be  a  \'indication  for  his  client.  Laine. 
suave,  dignified,  eloquent  and  persuasi\-e,  held 
the  close  attention  of  court,  jury  and  specta- 
tors in  a  masterly  j^lea  for  Professor  Allen, 
while  Johnston,  precise,  clear  and  logical  and 
with  tlie  law  at  the  tip  of  his  tongue,  gave 
Laine  alile  support.  The  judge,  in  his  charge, 
held  that  the  article  written  by  the  defendant 
contained  terms  of  disparagement  and  that 
these  terms  were  actionable  in  law.  If,  how- 
ever, the  jury  should  find  that  Professor  Al- 
len acted  in  good  faith  and  for  the  protection 
of  the  school,  then  these  circumstances  were 
to  be  considered  as  mitigating  the  damages 
and  that  no  other  than  compensatory  dam- 
ages should  1)e  allowed.  The  jury  brought  in 
a  verdict  in  favor  of  Miss  Dixon  and  assessing 
the  damages  at  one  thousand  dollars. 

At  the  first  meeting  of  the  Board  of  Normal 
School  Trustees,  after  the  trial,  Professor  Al- 
len tendered  his  resignation.  The  board  re- 
fused to  accept  it  and  reelected  him  as  princi- 
pal for  another  term.  Miss  Dixon  returned 
to  her  home  and  after  a  time  married  and  set- 
tled down  to  domestic  life. 

In  1881  an  electric  tower  was  erected  at  the 
crossing  of  Santa  Clara  and  Market  Streets. 
The  plan  originated  with  J.  J.  Owen,  publisher 
of  the  Mercury,  and  the  architect  was  John 
Gash.  It  stood  208  feet  above  the  street,  was 
constructed  of  tubular  iron  and  supported  a 
number  of  lamps  aggregating  24,000  candle- 
power,  making  it  the  largest  light  in  the 
United  States  and  the  third  largest  in  the 
world.  Besides  this  there  were  in  other  por- 
tions of  the  city  twelve  masts  150  feet  high 
sup])orting  in  all  ninety  lamps  for  lighting 
the  streets.  The  tower  was  known  all  over 
the  world,  and  before  its  destruction  in  1917 
it  had  small  lights  running  from  the  ground 
along  all  the  supports.  Lighted  at  night  it 
presented  a  beautiful  spectacle.  A  high  wind 
toppled  it  down  so  that  its  removal  became 
necessarv  as  a  measure  of  safety. 


172  HISTORY  OF   SANTA   CLARA   COUNTY 

(  )n  ?\Iay  4,  1887.  Chinatown,  liicated  on  the  of  Coslaw,  this  time  for  murder.     He  was  tried 
,t,^r(iund  at  the  southeast  corner  of  Market  and  in  the  Superior  Court  at  San  Jose  and,  having 
San   hArnandn  Streets,   was  destro}"ed  ])y  tire.  no  attorney,  the  court  appointed  a  young  man 
Tile   Chinese   occupied   cpiarters   on    v^an    Fer-  wdio  had  just  been  admitted  to  the  Ijar.     Thus 
nan<lo   Street,   belnw   Market,  until   there  was  handicapped,   Goslaw   had   slim   chance   of   es- 
secured   a  lease   of  the   Fleinlen   property,   be-  cajiing  con\'ictiou  under  testimony  adduced  b)' 
tween  Fifth  and  Se\'enth  Streets  and    |ackson  the  prosecution,  sup]deniented  b}'  the  ])o\\'er- 
;ind    Taylor    Streets.      Shorth"   after    its    estab-  ful    argtnnents   made   1)}'   the    district   attorney 
lishment    in    this    section    a    rival    Chinatown,  and  his  aids.     The  jury  found   (joshuv  guilt_\- 
under  the  management  of  "Big   jini,"  a   noto-  of   murder    in   the    lirst   degree   and    the    deatli 
rious    Chinese    ]")olitician    and    gambler,     was  sentence    was   im|)osed.      \\  ithiiut   niiine}"   and 
started  on  the  banks  of  the  Guadalupe  nearly  lacking  ])owerful   friends,   Coslaw  A^-as   unalde 
on  a  Hue  with  the  Ileinlen  town.     It  Avas  kept  to   take   further   steps   tliat   might   have   sa\-eil 
u])    a    few    }'ears    and    then    went    out    of    ex-  his    neck.      FTis    ne\\'S])a]")er    friends    did    A\diat 
istence.  they  could,   but  no  headway  against   the  tide 
In  1887  inflamed  i.ublic  sentiment  operated  of  inflamed  public  opinion  could  be  made.  lUit 
disastrously  m  the  case  of  Charles  C.oslaw,  of  thev    resolved    that    when    the    tunc    came    ior 
Los    Gatos'      The    murders   committed    m    and  marchmg  him  to  the  scallobl  he  should  not  be 
about    that   prettv    foothill    tiwvn.    now    one    of  in  a  condition   to  realize  his  ix.sition.      1  iiere- 
the    most    peaceful    and    law-abidm-    ..n     the  fore  some  of  these  friend,-;  stayed  m  the  death 
Coast,  had  aroused  the  people,  and   the  latest  ^'ell  all   of  the  night  ]. receding  the   execution, 
had  l-)rought  them  t..  a  white  heat  of  indigna-  They  plied  (..k-slaw  with  lupior  which  he  was 
tion  and  resentment.     This  one  had  b.een  com-  quite  willing  to  drink  so  that  \vhen  the  sheiitt 
mitted   on  the   main   street  of  the   citv.     Two  came   to  take  him   to  the   scaliold  he   was   so 
Alexieans  quarreled  and  one  of  them,  iuicarna-  far  gone  m  liquor  that  he  could  neithet    stand 
cion  (larcia,  killed  the  other.     A   mob  of  citi-  "^   his    feet    nor    understand    what    the    sheritt 
zens  gathered,  the  slaver  was  seized  an<l  with-  wanted.     In  that  maudlin  condition  he  met    lis 
out    ceremonv    han-ed    from    the    brid-e    over  death   and   the   persons   who   were   resji. -nsihle 
Los  Gatos  Creek.     It  was  reported  at  the  time  t'.r   this  condition  have   ncNer  regretted   their 
that  Goslaw  threw  the  loop  of  the  rope  over  w'-rk.     They  felt  at  the   time   that  a  judicial 
the  murderer's  neck.     Not  long  after  the  trag-  murder  was  about  to  be  committed  and   that 
edv,   Goslaw,   Avho   was   a   house-mover,   went  it   was    a    humane    act    to    ameliorate    if    they 
to'San    lose,   leaving  in  charge  of  his  house-  could   not  deaden  the  victims  mental   agony, 
moxing  "tools  an  old  man  named  H.  A.  (kant.  In  their  opinion  Goslaw  should  have  been  en- 
He    returned    in    an    intoxicated    eomlition    to  victed  of  manslaughter  and  it  was  atterward.s 
fin.l  that  Grant,  without  permission  to  do  so,  their  belief  that  had  the  trial  been  postponed 
harl  moved  the  to,ds  t,j  another  part  of  town.  t'^  six  months  such  a  verdict  would  have  been 
(joslaw    became    furiously    angry.      He    swore  rendered. 

that  he  would  find  Grant  and  give  him  a  sound  On  July  2,  1892,  San  Jose  was  visited  with 
drubliing.  AfteV  taking  a  few  more  drinks  to  the  most  disastrous  fire  in  its  history.  Half 
brace  him  u]),  he  went  to  Grant's  cabin  and  the  l)lock — the  southern  half — between  San 
assaulted  the  old  man.  His  fists  Avere  his  Fernandij  and  Santa  Clara  Streets  and  First 
only  weapons,  but  as  Grant  was  ])hysically  and  Second  Streets  was  burned.  Among  the 
his  inferior  there  is  no  doubt  that  finfling  his  fine  Imildings  destroyed  were  the  Lick  House, 
task  an  easy  one  he  allowed  his  rage  to  carry  the  South  Methodist  Church,  the  California 
him  further  than  he  had  intended.  Leaving  Theater  and  Krumb's  l-!re\\'ery. 
Grant  bruised  and  helpless  on  the  floor,  Gos-  j^  ^1-,^  e^rly  '90s  a  mvstery  case  Iiattled  the 
law  went  downtown,  found  the  constalde  and  ingenuity  of'  the  city'  and'  county  oflicers. 
asked  to  be  arrested  for  battery.  There  was  Henry  Planz  was  a  b'ookkee])er  at 'the  Fred- 
clear  proof  that  he  never  intended  murder  and  erickslnirg  Brewery  on  the  Alameda.  As  far 
that  he  had  no  thought  that  the  beating  would  as  anyone  knew  he  \\-as  without  enemies.  He 
result  m  death.  He  was  arrested  for  battery  ^^as  a  tall,  strai^'ht  felbwv,  twentv-five  years 
and  allowed  to  g(-:)  on  his  own  recognizance.  of  age,  single  and  lived  the  ordinarv  li'fe  of 
A  few  days  later  Grant  died.  Then  it  was  the  young  'men  of  his  time.  On  the"  evening 
that  outraged  Los  (^atos  cried  for  vengeance.  ,-,f  Novemljer  10,  ]S^->2,  he  came  to  San  Jose 
The  carnival  of  crime  that  had  given  a  black  ^nd  next  morning  his  dead  l)ody  was  found 
eye  to  the  town  must  ])e  stopped  and  the  only  hanging  from  the  limb  of  a  pepper  tree  on  the 
way  to  stop  it  was  to  have  the  extreme  pen-  northern  side  of  Julian  Street,  not  far  from 
alt\'  visited  upon  c\'er}-  person  in  Los  Gatos  the  bridge  over  the  (aiadalupe.  AAdien  the  of- 
and  vicinit}-  wdio  should  take  the  life  of  his  fleers  arri\'ed  it  was  at  first  supposed  that 
fellow  man.    Grant's  death  caused  the  rearrest  I'lanz   had    committed    suicide,   but   in\-estiga- 


MISTORV   OF   SANTA   CLARA   C(JUNTY 


173 


titins  made  alter  the  luxly  bad  l)een  cut  down 
soiin  dispelled  this  theory,      it  \\as  a  case  of 
murder  lun'oiul   the  shadc)\\-   of   a   douht.      An 
cxaminatinn  of  the  contents  of  the  stomach  of 
the  dead  man  showed  that  he  had  l.ieen  pois- 
oned   and    there    were    e\'idences     about     the 
clothing-    \\  hich    denoted    that    the    liody    had 
been  drag'ged  for  some  distance  before  it  was 
suspended    from    the    limb    of    the    tree.      The 
heels   of   the    shoes,   seat   of   the    trousers   and 
back  of  the  coat  were  abraded  and  dust}'  and 
there  was  ground-in  dust  on  the  back  of  the 
head.     W'hen  the  bod_\'  was  cut  down  a  scarf 
tied  over  the  face  was  found.     At  the  inquest 
the    conclusion   was   reached    that    I'lanz    was 
dead   before    the    hanging   and    that    the   mur- 
derer or  murderers  had  driven  along  the  street 
in  a  wagon  containing  the  dead  body  and  that 
the    bocly   had    l^een    dragged   over    the    dusty 
street  to  the  pepper  tree.     A  verdict  of  wilful 
murder   against   sonre   person   or   persons   un- 
known w  as  rendered. 

The  mvstery  became  a  state-wide  sensation. 
Detectives  came  from  San  Francisco  to  assist 
the  local  officers  m  trying  to  ferret  out  the 
truth,  but  nothing  came  of  then-  efforts.  A 
number  of  years  afterward  the  pepper  tree 
was  cut  down,  but  while  it  remained  on  Julian 
Street  is  was  one  of  the  sight-seeing  (?)  at- 
tractions of  San  Jose. 

In    1896    a    still    greater    sensation   agitated 
San    Jose    and    Central    California.      It   was   a 
sextuple  murder  committed  by  James  C.  Dun- 
ham, a  young  man  who  had  heretofore  borne 
an  unblemished  reputation.     A  few  years  be- 
fore he  had  married  the  stepdaughter  of  Colo- 
nel ]\IcGlincv,  an  orchardist,  whose  homewas 
on  the   Los   Gatos  road  about  six  miles  from 
San    Jose.      After    their    baby   was   born    they 
separated    on    account    of    Dunham's    cruelty, 
the    Avife    taking   refuge    in    the   home    of    her 
mother,  Airs.  M^cGhncy.    The  other  inmates  of 
the    household,    besides    father,    mother    and 
daughter  were    James   AVells,   Airs.   Dunham's 
brotlier,  a   ser\ant  and   two  hired  men.     One 
mght  Dunham  came  to  the  house,  for  the  pur- 
pose  It  Avas   supposed,   to   induce   his   wife   to 
again  live  with  him.     \Mien  he  arrived  late  in 
the  evening,  AIcGlincy  and  Wells  were  gone, 
having  left  on  hour  or  so  earlier  to  attend  a 
meeting   at   Campbell.      IJunham    entered   the 
house,    took   oi^    his    shoes    and    ascended    the 
stairs' to    the    second   story,    where   his   wife's 
bedroom    was    located.      What    transpired    in 
that    room    between    husband    and    wife    will 
never   be  known,      lint  the  fact  remains   that 
the  woman  was  choked  to  death,  although  the 
babe  was  not  harmed.     There  must  have  been 
a  struggle  for  the  servant  coming  out  of  her 
room    adjoining    was    met    Ijy    Dunham    and 
killed.      The   double    murderer   then   ascended 


the  stairs  to  Hnd  Mrs.  McCdincy  (ju  the  first 
lloor.  She  had  heard  tile  noise  upstairs  and 
had  come  (nit  to  investigate.  Dunham  killed 
her  and  then  calmly  waited  for  the  return  of 
McCdincy  and  AWdls.  At  last  the)-  came  and 
as  the_\'  entercil  the  front  door  Dunham  shot 
and  killed  McCdincy.  Wells  then  rushed  for- 
ward, was  shot,  1)ut  despite  his  wound,  grap- 
pled \\'ith  Dunham  and  threw  him  to  the 
lloor.  biut  the  murderer  \vas  :the  stronger 
and  soon  Wells  was  a  corpse. 

x-Vcross  the   back  yard   was   the   l)arn   where 
the  two  hired  men  ^^-ere.     One  of  them  heard 
the    shots    and    rushed    out    to    ascertain    the 
cause.     A  bullet  from  Dunham's  pistol  enrled 
his  Ife.    The  other  hired  man,  fearing  for  his 
own  life,  retreated  to  the  loft  of  the  barn  and 
coA'ered    himself    up     in    the     hay.      Dunham 
rushed   over   to   the   liarn   for    the   purpcjse   of 
making  a   clean   sweep,   but  failed    to   find   his 
man.     Flis  murderous  work  o\'er,  he  mounted 
a   horse,   and    still   in   his    stocking   feet,    rode 
toward  San  Jose.     Next  day  he  was  seen  on 
v^mith     Creek     by     Elmer     Snell     and     C)scar 
Parker,    the    last    named    the    keeper    for    the 
Morrow  ranch.     Dunham  appeared  on  horse- 
back at  Parker's  cabin,  aljout  a  mile  south  of 
the  hotel,  asked  for  something  to  eat  and  hav- 
ing been  accommodated  rode  on  up  the  can- 
yon t()ward  Indian  Gulch.     Next  da)-   Sheriff 
Lyndon  of  Santa  Clara  Count}',  Sheriff  Phil- 
lips of  Santa  Barbara  County,  a  force  of  dep- 
uties and  a  large  body  of  citizens,  arrived  at 
vSmith    Creek.      Phillips    brought    two    blood- 
hounds and  near  Indian  Gulch,  pieces  of  sack- 
ing which  had  been  used  to  cover  Dunham's 
feet,   Avere   found.      Nearby   the   horse   he   had 
ridden  \\-as  also  found.     Nothing  else  was  e\-er 
disco\-ered.      The    ofticers    spent    da}'s    in    the 
search  Ax-ithout  result.     As  Dunham  was  with- 
out  mone}-   and    without   food,   had    no    shoes 
and  had   left  his  horse,   the   oliicers  concluded 
that  he  had  found  some  wild  place  in  the  hills 
and  had  there  committed  suicide.     For  years 
after\\'ards  the  papers  chronicled  the  arrest  of 
suspects,  but  in  e\-ery  case  the  man  arrested 
proved  not  to  be  the  AIcGlinc}'  murderer. 

In  1S97  a  new  charter  for  the  city  was 
adopted.  Py  a  concerted  resolution  of  the 
Legislature  it  became  the  organic  law  of  the 
citA-  on  March  2  of  that  year.  Under  the  old 
charter  the  ma}-or  held  ofiice  for  one  year. 
The  new  charter  extended  his  term  to  two 
}-ears.  The  first  election  for  city  officers  took 
place  on  the  second  jMonday  in  April,  1898. 
The  charter  provided  that  all  elections  subse- 
ijuent  to  the  first  should  be  held  bienniall}-  on 
the  third  Monday  in  Alay.  Ma}-or  Koch.  \\-h(.i 
had  been  elected' in  1896,  held  over  until  1898. 
In  1897  a  Grand  Army  veteran  named  Scho- 
field  was  killed  at  his  ranch  on  the  Llagas,  a 


174  HISTORY  OF   SANTA   CLARA   COUNTY 

few   miles    west   of   Madrone.      His   wife    and  tliat  destruetion   had  e\-er  \isited   the   Garden 

Dan  Dutcher.  a  hired  man,  were  arrested  for  City. 

the  crime.     Before  his  trial  Dutcher  confessed  In  1906  there  \\'as  verv  little  street  or  other 
that  he   had   killed   vSchofield   to   protect   Mrs.  municipal    improvement,    except    to    make   re- 
Schofield,   who   was   being   threatened   with   a  pairs  in  fire  houses  and  furnish  new  appliances 
shotgun  when  the  fatal  shot  was  fired.     There  and  do  the  city's  work  in  repairing  the  dam- 
was  an  acquittal  in  each  case.  ages  done  l)v  the  earthquake.     In  1908  a  pro- 
On    April    18,    1906,     a     severe     earthquake  nounced    street    paving    movement    was    inau- 
shook   up    Central   California.      San    Jose   suf-  gurated   l\v   Mayor   Davison.      During  his   in- 
fered     considerahlv.      A     numlier     of     frame  cuml)ency   miles   upon   miles   of   paving   work 
houses  in  the  business  section  were  wrecked,  was   done   and   the   program    he    had   laid   out 
but  the  real  center  oi  destruction  was  reached  '^"t  "ot  finished  during  his  term  was  afterward 
in   the  business  district.     The  big  three-storv  carried   out   by   his   successors,    Monahan   and 
Phelan    building,    corner    of    First    and    Post  Husted.     From  1908  to  1912,  l)onds  for  $,^55,- 
Streets,  fell  flat'and  three  persons  were  buried  000  were  used  for  sewers,  bridges,  creek  alter- 
in   the   ruins.      At   the   comer   of   Santa   Clara  ations  and  Alum  Rock  Park  improvements. 
Street   and    Lightston    Alley,    the    large   three           In  December,  1911,  the  city,  by  special  elec- 
story    building"  occupied    bv    stores    and    the  tion,  took  in  as  new  territory  East  San  Jose, 
Elks'    Hall   became   a   shapeless   pile   of   brick  Gardner  and  West  San  Jose, 
and  mortar.     Outside  of  the  Inisiness  district           In  1912  and   1913,  under  Mayor  Monahan's 
several  large  edifices  sutTered.     The  handsome  administration,   the  horses  were  taken   out  of 
and  massive  brick  Catholic  Church  of  St.  Pat-  the  fire  department  and  motor-drawn   trucks, 
rick  at  the  corner  of  North  and  Santa  Clara  engines  and  carts  were  put  in. 
Streets  was  a  picturesque  ruin,  its  solid  tower           In    1914-15,    wliile    Husted   was   mayor,    the 
and  front  wall  hdng  across  the  street,  its  rear  Cancjas  Creek  bypath  was  diverted  so  that  in 
and  side  walls  thrown  down  into  the  audito-  the  rainy  season   the  waters  would   not  flood 
rium.    The  fine  high  school  on  Normal  Square  Cottage    Grove    and    adjoining   sections, 
crumbled  and  the  large  wooden  Grant  school           (jn  October  30.  1917,  the  Coyt)te  bridge  col- 
on Empire  Street  was  twisted  out  of  shape  to  lapsed  Iseneath  the  weight  of  three  heavy  cars 
fall  a  mass  of  ruins  a  few  days  after  the  quake.  lt)aded   with   prunes.      A   Ixiv  riding  on"  a   bi- 
Further  down  town  the  tower  and  spire  of  the  cvcle  was  on  the  bridge  at  'the  tinie  and  was 
First  Presbyterian  Church  on  Second   Street,  instantlv  killed.     In  the  spring  of  1918,  a  spe- 
near  St.  John,  lay  across  the  thoroughfare,  its  cial   election  gave   the   citv   the   pcnver   to   use 
shattered  walls  telling  the  stcjry  of  ruin.      Im-  $65,000   remaining   in    the 'sewer    fund    for   the 
mediately  after  the  earthcpiake  fire  liroke  out  erection    of    a    new    ctmcrete,    steel-reinforced 
on    Second    Stret    near    San    I'ernando.      The  bridge.     A    contract    was    awarded    and    the 
three-story    brick    Martin    building    had    been  work  was  completed  in  the  spring  of  1919. 

hurled    to    the    ground    and    instantlv    flames  r„    iqi::   tin,.  f,-,ii,,„,:,nr^  f^^^u    ii  '      i 

,        ^  c  ^11  n^i       I  ■  r       1-11  ^'''    tne  toUowing  freeholders  prepared 

burst   from   the   wreckage.      1  he    Eieber   build-  ^  „ew  charter   giving  San    Inse   a   comm,ssi,,n 

ing  next  north  was  on  fire  m  a  tew  minutes  f,,r„,  „f  ..overnment:  Elmer  E.  Chase,  R.'.bert 

and  then  the  conflagra  ion  enveloped  the  five-  j..   Sver,   W.   E.  Atkinson,   E    E    Petree     Rov 

story    Dougherty    building,    spreading    thence  Newberrv,    G.    M.    Fontaine,    lohn    D     Crum'- 

to  the  three-story  Louise  building  on  the  cor-  ,,,,3.,  ^y.'j.  Close,  Walter  L.  Chnsman,  H.  J 

ner  o     San  hernando  Street       Ijere  was  but  p.    ^y,,^,,^,^  y^^^^^^  challen,  Chas.  M.  O'Brien, 

one  other  fire.     It  broke  out  m  the   E    iMonte  j,,,^„    y    yu,!^.,.^    ^^^.j         ^     j,     ,^       ^,  ■ 

lodging    house    on    Locus      Street    and    .seven  y^^^    ^.j^^.^^,^^    ^^.^^^    ^j-j    Februarv     15      IQls' 

people    were    roasted    t.,    death.      Material    in-  ^^^,         ^  ^^  -^^  ^,^^,^j,,^^  ^  ^     ^ 

jury   was   done   to     he   new    Hall   -'  /-'cords  ,,tified  bv  the  Legislature,  R  av  4,  1915      The 

the  Dougherty  resHlence,  a  wing  of  the  Ho  el  ,,,,,,^.,.